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THE CAPITOL AT WASHINGTON 




































THE 


AMERICAN CITIZEN 


IN THE 

COMMONWEALTH OF 
PENNS YL VAN IA 


The Civics of the State and of the United States 


BY 


ALBERT E. MALT.BY, C.E., Ph.D. 

u 

Principal of the Slippery Rock State Normal School 


PRESS OF 

ZIEGLER PRINTING CO. 
BUTLER, PA. 
1909 






LIBRARY of CONGRESS 
Two Copies Received 

JAN 5 1909 

^ Oopyri^nt fcntry 

gnfc./tn,\A6l. 

CLASS Cu XXc, No, 

XT S i Q> 

'copy 8. 


Copyright. 1902 

BY 

Albert E. Maltby 




PREFACE 


The purpose of this work is to present to the pupils in 
the public schools in the Commonwealth some practical 
information as to the rights and duties which belong to 
American citizenship. The study of civics is now receiv¬ 
ing increased attention in our schools, particularly since 
the school laws require that teachers shall have a fair 
knowledge of civil government, including State and local 
government. In view of this legislation, a text-book to 
meet the needs of the schools should treat the local and 
State government as at least of equal importance with 
that of the Nation. It has been said that many a youth 
has grown to manhood with so little appreciation of the 
Commonwealth in which he lives as to regard it simply 
as a geographical division. The study of the State- gov¬ 
ernment and of the National government are of equal im¬ 
portance. 

The student of civil government should begin with that 
which is near at hand and of immediate interest, and pro¬ 
ceed to that which is distant and of remote concern. He 
should not begin with that rare and precious after¬ 
thought and flower of government, the Constitution of 
the United States, but with the material and forms that 
are close at hand. In connection with the ordinary les¬ 
sons in reading, the children should be made acquainted 
with words suggesting civic ideas, as citizen, soldier, offi¬ 
cer, law, justice, country, state, city, and nation. Then, 




11 


PREFACE 


in elementary lessons, the children should gain general 
notions of local government and organization, the duties 
and rights of citizens, suffrage and elections, and kindred 
topics. Then should come a study of the organization of 
the State,—the legislative, the executive, and the judicial 
powers; and taxation, corporations, education, etc. Then 
may come the study of the political, legislative, adminis¬ 
trative, and judicial organization of the United States as 
shown in the Constitution. 

Let the teacher endeavor to contribute to the elevation 
of the pupil’s ideal of citizenship, and thus labor for the 
improvement of the quality of the citizen. The pupils 
should not only know something about the government 
and their own relation to it as subjects and as sovereign- 
citizens, but, becoming filled with the spirit of good citi¬ 
zenship, should be led to the discipline and practice of the 
same. A boy, on his return from school at noon on elec¬ 
tion day, said to his father, “Papa, have you voted?” 
“No,” said the father. “I did,” responded the boy. To 
his surprise the father found that under the eye of the 
teacher an election had been held before the opening of 
school, and that after school the votes were to be count¬ 
ed, and the result announced. That was practical teach¬ 
ing. Similar devices may be used in illustrating many 
other points in practical civil government, and the pri¬ 
mary ideas of government be developed from the very 
games of the children. 

Much of the education which shapes a child for his du¬ 
ties as a man and a citizen is that which he gains from 
the influence of his home, and of the community in which 
he lives. The schools must do much more than enforce 
needed discipline, cultivate intellectual tastes, and in- 


PREFACE 


iii 

struct in the means for obtaining a livelihood. Manly 
and womanly honesty, generosity, virtue, and patriotism 
must be taught in every schoolroom in the land. Patri¬ 
otism is the noblest passion that animates man in his 
character as a citizen. We cannot hope to make radical 
changes in the lives and impulses of the multitudes that 
come to our land as a natural refuge from the tyranny of 
other countries; but the nature of our free institutions 
may be taught to the children, and thus the youth of the 
land may be trained and brought upward to intelligent 
thought and action in regard to patriotic citizenship. The 
theory upon which the public free school supported by 
the State rests is that it is absolutely necessary, in our 
system of popular government, that the voters should 
have intelligence enough to perform the requisite duty of 
voting. It is admitted that ability to read and write is 
essential to the exercise of citizenship in such a govern¬ 
ment as ours. But if it is the duty of the State to give 
sufficient education to the voters to enable them to know 
for whom and for what they vote, then the State may 
logically go a step further and instruct them in the fun¬ 
damental nature of their government. There can be no 
knowledge more necessary to the voter than that of the 
real nature of the government he is-called upon to hfelp 
administer. 

Intelligence is necessary somewhere in conducting any 
government; and a popular government resting upon 
universal suffrage certainly cannot be successful unless 
the voters are intelligent. But while people may inherit 
certain traditional notions of government, we cannot as¬ 
sume that anybody is born with a good working knowl¬ 
edge of the Constitution of the United States. Even if 


IV 


PREFACE 


such knowledge were the birthright of the native-born, 
it cannot be assumed for the foreigner made a citizen, 
born and reared in conditions totally different from ours, 
nor for his children inheriting his ideas, nor for the mil¬ 
lions of colored citizens in the South. The girls and boys 
in our public schools need elementary instruction in the 
nature of our complex government, in order that they 
may gain fundamental conceptions of what our govern¬ 
ment really is, and of their own relation thereto. Con¬ 
sidering how much is at stake, the State cannot more 
profitably spend its money than by making young citi¬ 
zens intelligent about their own government and their 
own country. Mrs. Browning’s words in “Mother and 
Poet” ring true to the heart of the mother and teacher, 
and to the sacredness and grandeur of the Nation as 
she sings:— 

• 

To teach them—It stings there!—I made them indeed 
Speak plain the word country. I taught them, no doubt, 
That a country’s a thing men should die for at need. 

The social value of education has received recent rec¬ 
ognition through the idea that education is a preparation 
for citizenship. Individual and social welfare, happiness 
and righteousness, depend more largely than has ever be¬ 
fore been acknowledged upon the relations existing be¬ 
tween persons and classes in institutional life. This new 
aim requires that great attention be paid to the formation 
of character, social habits, altruistic and patriotic mo¬ 
tives. A. E. M. 

State Normal School, Slippery Rock, Pa. 


January l ) 1909 . 


CONTENTS 


CHAPTER PAGE 

Preface .i-iv 

I Society: Rights: Government. 1 

IT The Keystone State. . .'. 12 

III Early Governments in Pennsylvania. 18 

IV Local Government. 24 

V Townships and Township Officers. 28 

VI Boroughs and Cities. 37 

VII County Government. . . . 51 

VIII The State Government. 61 

IX The Legislature. 63 

X The Executive Department. 72 

XI Other State Officers: State Boards. 82 

XII The Judiciary (I). 91 

XIII The Judiciary (II). 98 

XIV Impeachment and Removal: Oath of Office 109 

XV Suffrage and Elections.Ill 

XVI Parties and Nominations.127 

XVII Taxes and Taxation.133 

XVIII Corporations .142 




















CONTENTS 


vi 

XIX Railroads and Canals.147 

XX Origin of the School System.153 

XXI Education: The Schools To-day.163 

XXII Development of the State Constitution. . . .174 

XXIII Rill of Rights.178 

XXIV The State and the Nation.185 

XXV The National Legislative Power.189 

XXVI Powers of Congress.203 

XXVII Powers denied to Congress, and those de¬ 
nied to States.218 

XXVIII The Executive Power.224 

XXIX The Cabinet: Executive Departments. .. .239 

XXX The Judicial Power.252 

XXXI Relations of the States.260 

XXXII The Amendments. .273 

XXXIII Civics and History Coordinated.291 

XXXIV The Constitution of Pennsylvania.355 

XXXV The Constitution of the L T nited States.388 

Biographical Tables.402 

Index.405 


















CHAPTER I 

SOCIETY: RIGHTS: GOVERNMENT 

1. Knowledge of Government. —An essential factor in 
securing our own happiness and that of those with whom 
we are associated is a knowledge of the nature and opera¬ 
tion of the government under which we live. The great 
object of government is the securing of justice among men. 
In order that men may live in peace together, there must 
be laws restraining them from acts of injustice and pro¬ 
tecting them in the enjoyment of their rights. The func¬ 
tion of government is to make and execute such laws. 
The importance of a knowledge of government becomes 
very great to a citizen of a republic because he has a part 
in choosing those who make and execute the laws, and 
thus to some extent may justly be held responsible for the 
government. 

2. Society. —Man is by nature a social being; that is, 
he has no natural desire to live alone, but rather to join 
other men and to associate with them. The simplest and 
most original association of human beings is found in the 
family, and this is the foundation of all society. Human 
interests cannot be solitary; any one interest is related to 
all others. So families unite to form groups or tribes or 
communities. The reason why human beings unite to form 
groups is because of the feeling that only by means of a 
common order of communication and protection can the 
best interests of all be secured. These common purposes 
arid /bonds: of nearness arid intercourse give a group or 


2 


THE AMERICAN CITIZEN 


community the qualities of a public alliance or union. 
Such a group is called a social unit; and living in such a 
group or community constitutes a state of civil society. 

3. Benefits of Civil Society. —One man can do very 
little alone, but when he unites his efforts with those of 
others he can accomplish great results. Yet each man 
must to a large extent have the care of himself. If every 
person were provided for from a common store, amassed by 
the labor of all, many, depending upon the labor of 
others, would not be industrious, and so the supplies 
would be decreased. The present arrangement obliges 
each man to provide for his own wants and those of his 
immediate family. Thus more is earned, and the general 
welfare is better promoted than if each labored directly for 
the benefit of all. But the direct benefits of a civil society 
are great and lasting. As for material advantages, we en¬ 
joy not only the fruit of our own labor, but, in large de¬ 
gree, that of the labors of others. Without civil society, 
man w T ould remain in a state of ignorance, since each in¬ 
dividual would be obliged to begin at the very beginning of 
all that has been done. But as society now is, each gen¬ 
eration bequeaths an intellectual inheritance to its succes¬ 
sor. Man is the heir of all the ages, and this makes progress 
possible. Separated from others, man would become fierce 
and savage; brought into the society of others, his manners 
soften, and his moral and religious nature develops. 

4. Grades of Culture. —Man is the only animal that 
is able to pass all barriers and to live in nearly every part 
of the earth. He is able to do this because, in addition to 
his really superior physical powers, he possesses high in¬ 
telligence. He has overrun the earth and in a large 
measure subdued it, because he can think, plan, contrive, 
and reason. He makes_other animals and the elements and 


THE BASIS OF GOVERNMENT 


3 


forces of nature the servants of his will. In his higher 
stages of civil society, he no longer depends upon his own 
muscular strength nor upon that of animals; but by use of 
iron, steel, and other metals, he employs the greatest forces 
of nature. 

The progress made by any group of men toward the at¬ 
tainment of permanent food supply, proper clothing, sub¬ 
stantial dwellings, and power over the forces of nature 
furnishes a direct measure of their culture, and the grade 
or stage of society. Thus we consider as in the savage 
state all those who live chiefly by hunting and fishing, use 
rude implements, wear little clothing, and have no per¬ 
manent dwellings. A grade higher, as in a state of bar¬ 
barism , may be put those who use rude tools of metal, 
have domestic animals, weave cloth, and have houses; 
but who have not as yet learned the use of writing. This is 
the entering wedge of civilizatio?i , since man transmits, by 
means of writing, the knowledge from one generation to 
another. Through the various grades of civilization man 
passes to the highest grade, in which the inventions and 
discoveries of mankind are in general placed at the service 
of all. Wherever these conditions prevail, the people are 
enlightened. 

5. The Nation the Highest Community. —The 

highest community is the nation or state. It is a portion 
of mankind, united by firmly established organization, and 
limited to clearly defined country or territory. The human 
beings belonging to a nation are the people. The nation 
then, in this sense, is the body of inhabitants of the 
country, speaking the same language in general, and hav¬ 
ing common interests and the same history, ^hese people 
obey the same laws, and recognize the same power and 
authority. 


4 


THE AMERICAN CITIZEN 


6. The Government. —The object of the people in 
entering into civil society is to promote their mutual safety 
and happiness. For this purpose they agree to be govern¬ 
ed by certain established rules and principles. These rules 
for regulating the social affairs of men are known as laws. 
Man has a moral nature, that is, he has a sense of right 
and wrong, or the power to acquire it. He is a moral 
agent, and is therefore responsible for his actions. In 
order to secure to all their individual and collective rights, 
a certain organization must be created, and certain officials 
appointed who shall be recognized by all as having the 
authority and the right to issue commands that should be 
enforced. Such an organization, and the rules and prin¬ 
ciples by which the people are regulated and controlled, is 
called a government; and the society in which such an or¬ 
ganization has been instituted is called a state or body 
politic. The persons who administer the government, 
that is, those who make the laws and carry them into 
effect, are called the government. 

7. Forms of Government. —Government is then the 
collective powers that administer public authority. In gen¬ 
eral terms there are but two great forms of government 
under which all kinds may be classed: namely, monarchies 
and republics. In a monarchy , whether kingdom or em¬ 
pire, the monarch exercises power as a personal right, 
transmitted by succession. But the state may have ac¬ 
quired a fundamental law called a constitution and this 
defines the form of government and the rights of subjects. 
When the authority of a monach is not limited by a con¬ 
stitution, the government is an absolute monarchy. When 
his authority is defined by a constitution, the government 
is a limited or constitutional monarchy. The word republic 
means a public thing—the government of all. A republic 


THE BASIS OF GOVERNMENT 


5 


is a government in which the power to enact and ad¬ 
minister the laws is exercised by representatives, who are 
persons elected by the people to act for them. Our form 
of government in the United States is therefore a republic. 
Yet not only the election of the representatives, but the 
adoption of the constitution itself is an act of the people; 
therefore, since all power comes from the people, the form 
of government is also democratic ,—that being the term ap¬ 
plied to a government in which the power rests directly 
with the whole people. Our nation is properly called a 
democratic republic, or a representative democracy. A pure 
democracy could exist only in a country of very limited 
extent. 

A form of government in which the power is in the 
hands of a select few is called an aristocracy . There are 
no governments of this form in existence to-day, although 
most national governments exhibit aristocratic tendencies. 
In nearly all European countries one house of the legisla¬ 
tive branch is composed of members who hold their seats 
on account of noble birth, thus admitting the aristocratic 
element into the government. 

8. The Republican Form Superior. —A republic is 
the only form of government consistent with the recogni¬ 
tion of the people as the source of power. It is preferable 
to any form of monarchy because, through the exercise of 
the right of suffrage, the people control their own affairs 
instead of submitting blindly to one person who is able to 
place his own interests above those of the nation. The 
heir of a good king may be incapable of governing well; 
but in a republic, the President is selected from the most 
able men. In a republic men are free citizens. The 
power of the law, sustained by public opinion, is much 
better than the power of the sword, sustained by the hand 


6 


THE AMERICAN CITIZEN 


that wields it. The keynote of our government is express¬ 
ed in the saying of Lincoln: “Ours is a government of the 
people, by the people, and for the people.” 

9. A Commonwealth. —The term commonwealth is 
often applied in a general sense to signify the state. The 
original word was commonweal , meaning strictly the com¬ 
mon good or the common happiness. A state in which 
the people enjoy common rights and privileges is properly 
so-called; hence the term commonwealth is sometimes used 
in speaking of the States of the Union. The term is used 
throughout the Constitution of Pennsylvania. 

10. The Object of Government. —Aristotle says 
that a state or government is in a sense one of the works 
of nature, and that man is naturally a political animal. 
There have been, however, governments in the world for 
ages, but the truth in regard to the rights of man has not 
been long accepted. God has created in every individual 
certain inherent rights. All men are born with equal 
rights. To understand and to live this great truth is the 
privilege which the people of the United States hold by 
the law of the land. The primary object of all govern¬ 
ment is to secure to individuals and to nations their rights. 
Justice is therefore the fundamental idea of the state, and 
the great end of government. 

11. The Rights of Man. —There are four great classes 
of rights and duties possessed by men as members of 
society. The government protects the individual in the 
exercise of these rights, and requires the performance of 
the equally important duties. The rights are classified as 
individual , social , political , and religious or moral. 

Among the individual rights are the right to personal 
liberty, personal security, and the right to property. That 
which we have acquired by honest labor, or by other law- 


THE BASIS OF GOVERNMENT 


7 


ful means, is rightfully our own. We have also the right 
to be secure from injury to the body, or person, or good 
name; also to the liberty of acting, moving, and speaking 
without unjust restraint, so long as we do not trespass 
upon the rights of others. 

Social rights are those which are secured to a citizen 
through his relation as a member of the state or nation as 
a whole. The right of the child to receive an education is a 
social right; while upon the parent and the public is im¬ 
posed the equal social duty to provide it. Society can ex¬ 
ercise its undoubted right to see that laws are observed as 
to the preservation of the public health, cleanliness of 
streets, and the maintenance of public order. Should the 
rights and interests of an individual conflict with the needs 
of society, then the individual right yields to the higher 
right. This right of society, exercised through the state 
or a corporation in regard to property, is called the right 
of eminent domain. 

Political rights are those which belong to th'e people in 
their political capacity. The right of the people to choose 
and establish for themselves a form of government, to 
adopt a constitution, and to elect persons to administer the 
laws, are examples of political rights. The right to vote 
at elections is a political right or privilege. 

Political rights and duties are of such importance that 
powerful parties are organized to set forth their ideas, to 
give time and money for the support of these opinions, 
and to settle the questions which arise through the peace¬ 
ful means of the elections, or the compulsion of the sword. 
Political rights and duties affect all our opinions concern¬ 
ing human laws. 

Religious rights consist in the right of every individual 
to make known and maintain his religious opinions, and 


8 


THE AMERICAN CITIZEN 


to worship God according to the dictates of his own con¬ 
science. This is the right of conscience which is the 
voice of God in man. In the exercise of this right, how¬ 
ever, a man may not abuse it by violating the rights of 
others, or by disturbing the peace and order of society. 
Moral duties arise in connection with religious freedom. 
All good government tends to the preservation of the 
morals of the people. 

12. Liberty—Civil and Religious. —Liberty is the 
privilege of being free to exercise our rights and to enjoy 
them. It is called civil liberty or religious liberty accord¬ 
ing to the kind of rights concerned. Thus, the free use 
and enjoyment of civil or political rights secured to us by 
the laws is called civil liberty. It implies freedom—that 
is, absence of physical or moral coercion. Civil liberty in¬ 
cludes freedom of thought, of speech, and of the press; 
also freedom of locomotion, of assembly, and of the ballot. 
The freedom of religious opinion and worship is called re¬ 
ligious liberty. The words right and liberty have not the 
same meaning. An individual may have rights which he 
is not at liberty to exercise. 

13. Citizenship. —American citizenship is the state or 
condition of being vested with the rights and privileges of 
an American citizen. All men, women, and children 
born within the United States and subject to its jurisdiction, 
irrespective of age, sex, or condition are presumptively 
citizens. Others may be admitted to citizenship through 
naturalization under general laws. Every citizen of the 
United States is also a citizen of the State in which he re¬ 
sides. Citizenship is hereditary; the children of citizens 
are citizens of the United States, even though they may 
have been born in a foreign country. 


THE BASIS OF GOVENMENT 


9 


The people living in this country may be divided into 
two classes —citizens and aliens. The citizen is a member 
of the body politic, owes obedience to the government, has 
the full protection of the laws, and has such rights of hold¬ 
ing office and voting as the constitution allows. How¬ 
ever, not all citizens are electors', an elector is a citizen 
who has the right to vote. 

An alien is a person who owes allegiance to a foreign 
country, but enjoys such rights as the country in which 
he resides sees fit to grant to him. Among such rights 
usually granted may be named the power to acquire and 
own land. Strictly speaking, an alien cannot exercise 
political rights; but many States in the Union permit 
aliens, after a short residence therein, and after declaring 
their intention to become citizens, to exercise the elective 
franchise. When an alien is thus allowed to reside in the 
State, to hold property, and to vote, the distinction be¬ 
tween him and a citizen is not very clear. 

Indians who still retain their tribal relations are not 
citizens; and they are therefore only in a qualified sense 
subject to the jurisdiction of the United States. 

14. Naturalization. —An alien may become a citizen 
of the United States by naturalization. This makes him 
also a citizen of the State or Territory in which he resides, 
but it does not necessarily give him the right to vote. 
The requirements for naturalization are fixed as follows: 
Five years’ residence in the United States, and one year’s 
residence in the State where the privilege was sought; 
two years’ preliminary declaration of intention to become 
a citizen; an oath to support the Constitution of the 
United States; the renouncing of allegiance to any for- 
eigh power, and of all titles of nobility. By virtue of 
the naturalization of parents, all their children living in 


IO 


THE AMERICAN CITIZEN 


the United States and under twenty-one years of age be¬ 
come citizens. A minor who has resided in the United 
States three years immediately before attaining his major¬ 
ity, may, after becoming of age and after five years’ res¬ 
idence, including the three years of his minority, become 
a citizen by taking oath that for two years it has been 
his intention to become such. The naturalization of 
Chinamen is expressly prohibited by law. The rights of 
citizenship are forfeited by naturalization in a foreign 
country, or by desertion from military or naval service. 
A naturalized citizen is ineligible to the Presidency. 

15. Population: Residence. —The population of the 
country may be distinguished as citizens, or inhabitants, 
or residents. Citizens are all persons born or naturalized 
within the United States and subject to its jurisdiction. 
Collectively they constitute the people or nation. Inhab¬ 
itants are all those who reside permanently in the coun¬ 
try; the term includes citizens and aliens. The term 
residents is broader still; it includes not only inhabitants, 
but all sojurners, such as travelers, tourists, and others. 

A matter of great importance in relation to citizenship 
is the question of residence or domicile. A residence or 
domicile is the place where a person intends to reside 
permanently. In a political sense the term residence is 
applied to the act or fact of dwelling or abiding in a 
place for some continuance of time. Under such cir¬ 
cumstances a person is said to gain a residence in that 
place. A person can have but one place of residence, 
and temporary absence does not change it. A change of 
location, with the intention of permanently dwelling else¬ 
where, removes residence from one place to another. 
Residence regulates the exercise of certain political rights 
and privileges. 


THE BASIS OF GOVERNMENT 


ii 


Students do not gain or lose a residence while attend¬ 
ing school. 

16. Patriotism. —Patriotism is the noblest passion that 
animates man in his capacity as a citizen. Love of coun¬ 
try is natural, and has some of the qualities of an in¬ 
stinct, but is much greater than any mere instinct or 
passion, since it may become a living principle or mo¬ 
tive leading to heroic action. The noblest motive is the 
public good. Not only should the citizen protect his 
country from invasion, but he should maintain its laws 
and institutions in vigor and purity. Thus patriotism 
becomes the noblest and sublimest of all public virtues. 
The patriotism which, as a mighty force, moves armies 
into the battle-lines in times of the nation’s peril is not 
a mere instinct, but a conviction; not a mere impulse, 
but a determination. It is a principle with all the white 
heat of passion: loyalty to liberty, and devotion to coun¬ 
try. 

We should study the history of our country, become 
familiar with the Nation’s institutions, and take an active 
interest in its affairs. Nor should the closer local form 
of pride in the records of the Commonwealth which we 
call our own State be left uncultivated. Every glorious 
fact in its history should be emphasized, and the names 
and acts of its great men held in loving remembrance. 


CHAPTER II 

THE KEYSTONE STATE 

IMPORTANCE: BOUNDARIES: EARLY HISTORY 

17. The Keystone State. —“Let what each man 
thinks of the state be written upon his brow” was one 
of Rome’s famous inscriptions. The patriotic son of the 
grand old Commonwealth of Pennsylvania has no reason 
to blush when he thinks of the record of his State. 
Pennsylvania was a most potent factor in the adoption of 
the Constitution of the United States. Among the or¬ 
iginal States it stood with six free States to the north, 
and six slave States to the south, a true political “Key¬ 
stone” to the arch of the Union. Every foot of the 
Commonwealth is historic ground. What need to go to 
classic Greece to seek for spots sacred to liberty ? The 
battles of Brandywine and Germantown were fought on 
its soil, and Valley Forge is within its limits. The 
graves at Gettysburg mark well the field on which, in one 
of the greatest battles of modern times, the armies of thirty- 
four States fought to decide the question of mankind’s 
right to freedom. 

Thus, when we realize the important place which the 
Commonwealth held in the Revolutionary War and in the 
Civil War,, together with the part that its great men had in 
the establishment and government of the country, it cer¬ 
tainly appears as the “Keystone State” in a much broader 
sense than that ordinarily indicated by the term. 

In population and in wealth Pennsylvania is exceeded by 


PENNSYL VANIA 


i3 


New York alone. Of the other States, 42 have less than 
half the population or wealth of Pennsylvania, while 21 
have less than one-fifth of its population. Only three 
States approach it in importance. The area is nearly as 
great as that of England, and is one-eightieth of that of 
the United States. The population by the census of 1900 
is 6,302,115. Under the apportionment Act of 1901 Penn¬ 
sylvania has 34. electoral votes. 

18. Boundaries. —The State of Pennsylvania is bound¬ 

ed on the north by Lake Erie, New York, and New 
Jersey; on the east by New York and New Jersey, from 
which it is separated by the Delaware river; on the south 
by Delaware, Maryland, and West Virginia; and on the 
west by West Virginia and Ohio. The State is nearly rec¬ 
tangular in outline. Its northern and southern boundaries 
are parallels of latitude 158 miles apart, broken only by the 
angle in Erie county, and the scallop in the southeastern 
corner caused by the Circle of Newcastle. The western 
boundary is a meridian line. The eastern boundary is the 
Delaware river, which forms along the border of the State 
two symmetrical zigzags alternately southeastward and 
south westward. The extreme length of the State is 306 
miles; the average length 286 miles; and the area 45215 
square miles. The State lies between latitude 39°43 , N and 
42°N, except that the triangle extends north to 42°15 / . I 11 

longitude it extends from 74° 40 r W to 80° 36 / W. The 
actual parallels of latitude and the meridians as marked by 
the boundary monuments are empirical. Pennsylvania has 
a shore line of 40 miles on Lake Erie. 

19. Charter Boundaries. —The boundaries of Penn¬ 
sylvania, as was the case with each of the original States, 
were fixed by royal charter. The king and his advisors were 
alike ignorant of the geography of America, and the char- 


H 


THE AMERICAN CITIZEN 


ters as granted made hopeless confusion of colonial boun¬ 
daries, and led to disputes between the States afterwards. 
The charter of 1681 bounded the province granted to Wil¬ 
liam Penn as follows: 

“On the East by Delaware River, from twelve miles’ 
distance, Northwarde of New Castle towne unto the begin¬ 
ning of the three and fortieth degree of Northerne latitude, 
if the said River doth extend soe farre Northwards; but 
if the said River shall not extend soe farre Northward, 
then by the the said River so farr as it doth extend, and 
from the head of the said River the Easterne Bounds are 
to bee determined by a Meridian Line, to bee drawne from 
the head of the said River unto the said three and fortieth 
degree; the said lands to extend Westwards five degrees in 
longitude, to bee computed from the said Eastern Bounds, 
and the said lands to bee bounded on the North by the be¬ 
ginning of the three and fortieth degree of Northerne lat¬ 
itude, and on the South by a Circle drawne at twelve 
miles distance from New Castle northwards and westwards 
unto the beginning of the fortieth degree of Northerne lat¬ 
itude; and then by a straight Line westwards, to the limit 
of longitude above mentioned.” 

This grant is much more exact in its language than were 
many of the royal charters, still it contains several terms 
hard to understand. The circle mentioned does not cross 
at any point the thirty-ninth parallel—the beginning of the 
fortieth degree of latitude. 

In his petition to the king, Penn describes the country as, 
“a tract of land in America lying north of Maryland, on 
the east bounded by the Delaware river, on the west limit¬ 
ed as Maryland is, and northward to extend as far as plant- 
able.” 

It will suffice to say that through confusion in the char- 


PENNSYL VANIA 


i5 


ters, parts of Pennsylvania have been claimed by Virginia, 
Maryland, Connecticut, and Massachusetts. Only after 
long and bitter disputes were the various boundaries located. 

20. Mason and Dixon’s Line. —The southern boun¬ 
dary line as determined by Mason and Dixon in 1763-67 is 
historic. The surveyors marked off the line with monu¬ 
ments of stone along the eastern part, and with mounds of 
earth and stone in the western part. At every fifth mile a 
stone monument was set up bearing upon its north face the 
arms of Penn, and on the south the arms of Lord Balti¬ 
more. The intermediate miles were marked with stones 
having P on one side and M on the other. As the two in¬ 
trepid surveyors proceeded in their work on the line, the 
Indians, suspicious of this star-gazing folly, stopped them 
again and again. At last Mason and Dixon were obliged to 
return, after reaching the Warrior branch Indian trail; and 
this remained the end of the line for many years. The line 
was completed in 1784 by David Rittenhouse. 

No river, or mountain chain, or other natural feature 
marks this famous line which became more than the boun¬ 
dary between two States. It marked, during the early part 
of the nineteenth century, the boundary between two dis¬ 
tinct ideas on the continent; the line separating two distinct 
industrial sections—the free States of the North and the 
slave States of the South. 

If all the controversies between Pennsylvania and other 
States had been decided against our Commonwealth, it 
would have been reduced to an insignificant strip of land 
containing neither Philadelphia nor Pittsburg. 

21. The Founder of the Commonwealth. —William 
Penn, who in an age of persecution made religious liberty 
the corner stone of a frame of government, was the fore¬ 
most man among the Quakers; and one of the most remark- 


i6 


THE AMERICAN CITIZEN 


able men of his time. His fame is as wide as the world; 
and he has gained abiding glory as the man who was able, 
with unarmed hands, to establish in the wilderness a mighty 
Commonwealth by the rules of justice and moderation. The 
way in which he did this deserves our notice. 

22. Charles the Second Pays a Debt. —Actuated 
by a desire to found a colony where civil and religious lib¬ 
erty might be enjoyed, and the people might dwell together 
in peace, Penn petitioned King Charles II. to grant him 
the land now comprised within the limits of Pennsylvania 
in payment of debts which the government owed to his 
father, Admiral Sir William Penn. The king gladly con¬ 
sented, and in 1681, Penn received a grant of the region 
stretching from the Delaware river westward through five 
degrees of longitude. 

23. Named in Honor of Penn’s Father. —Against 
the wishes of Penn, who desired to call the new province 
“Sylvania,” the king named it Pennsylvania or “Penn’s 
Woods. ,y The charter gave title to more than 45000 square 
miles of land, which was increased next year by purchasing 
from the Duke of York the “Three Counties upon the Del¬ 
aware”—the present State of Delaware. 

24. Treaty and Settlements.— At that time the pres¬ 
ent limits of the State were inhabited only by Indians, with 
a few Swedes and Dutch settled along the lower Delaware. 
Penn bought the land over again from the Indians, and 
made a treaty of peace with them which remained unbroken 
for more than fifty years. 

The real settlement may be said to have been made in 
1681 by the Quakers who came over in that year. The 
next year, Penn himself arrived, bringing with him a hun¬ 
dred colonists of his own faith to found Philadelphia, the 
city of “Brotherly Dove. ” 




THE LAST STONE ON THE MASON AND DIXON LINE 
































































PENNSYL VANIA 


i7 


25. The First General Assembly. — Landing at 
Newcastle, in the territory purchased from the Duke of 
York, he received the submission of the settlers and assured 
them of his protection. About two months afterward he 
went to Upland, which he named Chester. On December 
4, 1682, the first General Assembly ever held in Pennsyl¬ 
vania was called together at Chester; and William Penn, 
by the aid of the people, enacted the “Great Law” by 
which the new colony was to be governed. Pennsylvania, 
like all the colonies founded after 1660, was a proprietary 
colony. Penn was the owner of the land; from him the 
settlers obtained the right to occupy it and to build houses 
and make improvements; to him they paid their rents. 
But to this feudal principle was opposed Penn’s firm belief 
in the equality of men. Under the influence of this latter 
principle the colony of Pennsylvania became at last one of 
the truest examples of a thoroughly democratic govern¬ 
ment. The words of Penn ring true: “Government 
depends rather upon men than men upon government. Let 
men be good and the government cannot be bad.” 


CHAPTER III 

EARLY GOVERNMENTS IN PENNSYLVANIA 

26 . Penn’s Frame of Government. —The plan of 
government which Penn drew lip for the control of his 
new colony was prepared in England before the first band 
of emigrants set out for the province under Captain Wil¬ 
liam Markham, the cousin of the Proprietor. The spirit 
shown in the germ of the proposed government was largely 
republican in character, although the charter had given 
Penn great powder in the province. Inscribed upon the 
walls of Independence Hall, side by side with the Declara¬ 
tion of Independence, are these w r ords taken from the pref¬ 
ace to the “Frame of Government” which Penn gave to 
the colonists in Pennsylvania:— 

“Any government is free to the people under it, what¬ 
ever be the form, where the laws rule, and the people are a 
party to those laws; and more than this is tyranny, oligar¬ 
chy, and confusion.” 

The words above given reveal a two-fold foundation for 
government. The people are to make their own laws, and 
in return for this privilege give willing obedience to those 
laws. “For liberty without obedience is confusion, and 
obedience without liberty is slavery.” Thus liberty and 
obedience were to be the foundation principles of that 
“holy experiment” in establishing a free colony by the 
light of the Golden Rule. 


EARLY GOVERNMENTS 


i9 


27. Outline of the “Frame.” —In order to attract to 
his colony emigrants from the various countries, Penn 
caused the “Frame of Government” to be published. Ac¬ 
cording to the provisions of the “Frame,” the government 
was vested in the Governor and the freemen of the prov¬ 
ince. The freemen were to elect from their number the 
Provincial Council and the General Assembly. The Coun¬ 
cil was to consist of seventy-two members; the General 
Assembly was to consist of all the freemen during the first 
year, of two hundred the next year, and that number to be 
increased with the people up to five hundred. The Gov¬ 
ernor, or his deputy, was the presiding officer of the Coun¬ 
cil, and his vote had triple power. 

28. Powers of the Council. —The powers of the Pro¬ 
vincial Council under the direction of the Governor were 
executive, legislative, and judicial. Thus it was author¬ 
ized: to originate bills; to execute the laws diligently; to 
provide for public peace and safety; to locate all cities, 
ports and market towns, design all public buildings, and 
locate streets and highways; to inspect the public treasury, 
and punish misuse of the funds; to erect and order all pub¬ 
lic schools; to encourage and reward authors and inventors; 
and to erect the various courts of justice. 

29. The General Assembly Had Small Power.— 
Although the purpose of the election of the General As¬ 
sembly was to give the more full concurrence of the free¬ 
men to all laws prepared by the Governor and the higher 
representative body, the powers actually exercised by the 
General Assembly were small. The charter granted by 
Charles II. had clothed Penn with full powers of govern¬ 
ment, subject to the condition that the advice and consent 
of the freemen was necessary except in cases of emergency. 
The General Assembly, in the Frame of Government pro- 


20 


THE AMERICAN CITIZEN 


posed by Penn, was not able of itself to legislate, and no 
direct debate upon the bills was allowed. During the prep¬ 
aration of such bills by the Provincial Council, the mem¬ 
bers of the General Assembly might suggest to a committee 
of the Provincial Council any alteration or amendment; but 
when the bill was presented to the Assembly, all that the 
members of that body could show of power lay in the plain 
yea or nay of their votes. The Assembly could nominate a 
double number of persons to serve as sheriffs, justices of 
the peace, and coroners; and from these the Governor se¬ 
lected and commissioned those whom he would appoint. 

30. Perfect Religious Freedom. —Foremost in the 
line of liberties granted by the Frame of Government must 
stand the provision made for perfect religious freedom. 
“All persons living in this province, who confess and 
acknowledge the one Almighty and Eternal God to be the 
Creator, Upholder, and Ruler of the world, and that hold 
themselves obliged, in conscience, to live peaceably and 
justly in civil society, shall in no ways be molested or preju¬ 
diced for their religious persuasion, or practice, in matters 
of faith and worship.” 

31. The “Great Law.” —The Frame of Government 
as published by Penn was composed of twenty-four articles 
and forty laws. When Penn called together the General 
Assembly at the Swedish town of Upland, some amend¬ 
ments were made to the Frame of Government, and some ad¬ 
ditions made to the accompanying laws. In three days these 
early legislators, having completed the amendments, adopt¬ 
ed the “Great Eaw” and adjourned. 

32. Features of the “Great Law.”— The amended 
“Frame” set forth the following features:—(l) Everyman 
free to worship God in whatever manner his conscience de¬ 
manded; (2) any man who was a member of a Christian 


EARLY GOVERNMENTS 


ii 

church could hold office, and was eligible to the General 
Assembly; (3) all resident taxpayers had the right to vote; 
(4) the death penalty was inflicted for two crimes only,— 
murder and treason; (5) every colonist could demand trial 
by jury; (6) every prison was to be made a workshop and 
place of reformation. This last feature was an entirely tlew 
idea in prison management. 

No child should be brought up in idleness, but all should 
learn some useful trade. The laws of the colony were to 
be taught to all children. 

33. The Seed of a Nation. —The country around 
Philadelphia was very fertile, and the reports which the 
colonists sent back to England were very favorable. Colo¬ 
nists came to the new colony in great numbers, attracted by 
the reputation of Penn and by the promise of religious lib¬ 
erty. The new colony prospered in a very remarkable de¬ 
gree, and the emigrants were, as Penn had declared, “the 
seed of a nation.” When Penn returned to England in 
1684, fifty townships had been settled, and a flourishing 
capital city established. 

34. The “Charter of Privileges.” —After Penn’s re¬ 
turn to England, grave disputes arose between the colonists 
and the Deputy-Governor. The Council soon ceased to be 
representative in any large degree: since the members were 
appointed by the Proprietary, instead of being elected by 
the people as was originally intended. The General Assem¬ 
bly demanded greater powers, and refused to act under the 
old form of government. The colonists did not fulfill their 
pecuniary obligations to the Proprietor. When William 
and Mary came to the throne of England, Penn was sus¬ 
pected of disloyalty; and in 1692 the control of the prov¬ 
ince was taken from him, Governor Fletcher of New York 
being appointed in his stead. Two years afterward Penn 


22 


THE AMERICAN CITIZEN 


was restored to power, and to allay the discontent of the 
colonists, various plans of government were tried and re¬ 
jected. Penn returned to the colony in 1699, and in 1701 
granted the ‘‘Charter of Privileges,” which remained the 
fundamental law of the land until the adoption of the first 
State Constitution in 1776. 

35. Provisions of the Frame of 1701. —The ‘ ‘Char¬ 
ter of Privileges’ ’ was in reality a written constitution in 
which the powers of the freemen, already granted under 
the preceding “Frames,” were greatly increased. It pro¬ 
vided (l) that no person believing in one God should be 
molested on account of religion; but (2) Christians only, 
could take part in the government; (3) property relations 
could be disturbed by legal process alone; ( 4 ) a General 
Assembly consisting of a single house should annually be 
elected by the freemen,—meaning the taxpayers; (5) this 
assembly should have the rights of free-born subjects of 
England, in so far as was conformable with their position 
as colonists; ( 6 ) the Proprietary should be represented by 
a Governor and Council possessing the right of veto; (7) 
freedom of conscience was not denied to Roman Catholics; 
( 8 ) the constitution could be amended, except as to relig¬ 
ious freedom, by the concurrence of the Governor and six- 
sevenths of the members of the General Assembly. 

36. Death of Penn: Controversies. —Penn returned 
to England in 1701. Misfortunes soon came to him and 
he became involved in debt. In 1712, while seeking to dis¬ 
pose of his control of Pennsylvania to the Crown, he was 
stricken with apoplexy and became incapable of business. 
He died in 1718, and left all of his affairs in a very un¬ 
settled condition. His sons succeeded to his interests, but 
cared little for the safety and peace of the colony. It would 
seem that their object was to get all they could out of it, and 


EARLY GOVERNMENTS 


23 


spend nothing npon it. The vast tracts of land owned by 
the Penns were untaxed; yet the colonists were obliged to 
defend at their own expense the entire colony, including 
these untaxed estates. Controversies arose. The Assem¬ 
bly refused to submit to such injustice, and contended that 
the rents were originally intended to meet the expenses of 
government. Franklin was sent to England to protest; 
and, after much labor, succeeded in so far at least that the 
Proprietors were no longer able to boast that their untaxed 
lands were nevertheless protected at the public cost. But 
the attempt to make Pennsylvania a royal colony failed. 
The Proprietorship stood until it was swept away by the 
Revolutionary War. In 1779 the entire claims of the Penn 
family were purchased by the State of Pennsylvania for 
$650,000. 


CHAPTER IV 

LOCAL GOVERNMENT 

37. Local Units. —The State of Pennsylvania is divid¬ 
ed into sixty-seven counties which elect officers to attend to 
the administration of the business of the county and of its 
courts. These counties are divided into townships, each of 
which elects officers to levy and collect taxes, to maintain 
the public schools and roads, and to prevent disorder and 
crime. The general term of the officers elected is three 
years. Communities may be separated from the township 
to form boroughs, and large boroughs may form cities. 
Counties and townships have no power to make laws for 
their own government, but are under the action of uniform 
State laws. Cities and boroughs are also subject to the 
general State laws, but through their councils and mayors or 
chief burgesses, may make minor laws for their own gov¬ 
ernment and welfare. Such, in brief, is the State system 
of local government; but, in order to understand it thor¬ 
oughly, attention should be paid to some of the points 
which characterize the system as administered in our own 
and in other States. 

38. General Characteristics. —The types of local 
government differ widely in the several States of the Union, 
yet possess some general characteristics. Great freedom of 
action, and broad scope of function is given to local author¬ 
ity. The law is uniform, and derived by Legislative enact¬ 
ment; but the power to execute is local. Each locality 


LOCAL GOVERNMENT 


25 


must see to it that the State laws are carried out. Local 
officers look to State laws for authority, and State officers 
serve to unify the local governments. Thus local adminis¬ 
tration is practically the administration of the State. 

39. The Township Type. —Each State has its Own 
system of local divisions and authorities, created and con¬ 
trolled under its own laws. Three leading types of local 
government are at present to be found in the United States. 
The first is characterized by its unit the town or township, 
and is found in the New England States. The settlers of 
that part of the country came from towns, and the charac¬ 
ter of the soil and the conditions of the new country and of 
life made it necessary that the people should dwell in towns. 
Along the seashore and on the banks of rivers they planted 
their little communities, each enclosed by a stockade for 
protection against the Indians. Each was surrounded by 
its common pastures and farming lands, managed by officers 
chosen for that purpose. Each settlement was obliged to be 
self-reliant and self-governing, and was, in fact, a minia¬ 
ture commonwealth controlling the property and persons of 
its members. Every year the inhabitants of such township 
came together in mass-meeting to make laws for its govern¬ 
ment. As yet the county had no corporate existence. Af¬ 
terwards these townships became united into counties; and 
the colony, and, afterwards the State, assumed superior 
authority through its Governor and Legislature. Yet the 
townships have held their position to this day as the true 
political units of New England, and the solid foundation of 
the structure of self-government. 

40. The County Type. —The second type of local 
government is characterized by the larger unit, the county, 
and prevails in the Southern States. The men who settled 
in Virginia and the Carolinas were not accustomed to the 


26 


THE AMERICAN CITIZEN 


local self-government characteristic of the colonies planted 
in the colder climate of the North. They were often men 
from the upper classes of society, country gentlemen, ac¬ 
customed to the government of the county or shire. They 
settled in a land where the Indians w r ere comparatively 
peaceable, and there was therefore little need of union for 
protective purposes. The estates were large, the soil was 
fertile, and the climate too hot for white labor. Slaves were 
soon imported to cultivate the land. The land-owners were 
enriched, and each became the center of a group of free de¬ 
pendents, as well as master of large numbers of slaves. 
When local divisions had to be created, large areas were 
necessarily embraced, and counties modeled upon the Eng¬ 
lish shires were the result. The .southern county became a 
modified English shire with the towns left out; while local 
government in New England was made up of English towns 
with the shires left out. Afterwards, for judicial purposes, 
counties were formed in New England; but the towns kept 
most of their important functions. In the Southern States 
the counties were afterwards divided into police districts 
and election districts, but the county retained the full ad¬ 
ministrative power. The county form of government is less 
democratic and less stimulating and educative than that 
which prevails in the New England States. 

41. The Mixed or Compromise System. —The third 
type of local government combines some of the features of 
the township system with some of the characteristics of the 
county system. It may be called the compromise or mixed 
system, and is found under a variety of forms in the Middle 
and Northwestern States. In the mixed system, the coun¬ 
ty is relatively more important than in the New England 
States; while the township is much more important than in 
the Southern States. Two features, therefore, mark the 


LOCAL GOVERNMENT 


27 


system: one is the importance and power of the county; 
the other is the activity and political life of the township. 

42. Our State has a County-Township System. 
—Among the States possessing this mixed system we find 
our own commonwealth. Pennsylvania has a composite 
county-township system in which the county has great im¬ 
portance and power, although the township must undoubt¬ 
edly be regarded as the political unit of government. The 
counties are compact and comprehensive larger units in the 
formation of the State. The townships are, however, vig¬ 
orous organisms, holding in check the county authority of 
which they are very jealous, and giving to government that 
robust local energy and color which characterize the repre¬ 
sentative system in our country. This power lies in the 
traditions of government which the English and Germans 
alike brought with them from the banks of the Elbe and 
the Weser. 

The laws of the Duke of York made the township the 
unit of division after the manner prevailing in the New 
England colonies, from which system they were copied. 
Penn made the county the unit of division and added the 
township, borough, and city afterward. Thus the Penn¬ 
sylvania system became a combination of township and 
county government unknown elsewhere, or at least possess¬ 
ing many unique features. It sets forth in its various 
phases the theory of American government in the decen¬ 
tralization of power. If the work of government can be 
done by the town as well as by the county, it is undertaken 
by the town. If individual enterprise will fairly perform a 
certain work, then we prefer no governmental agency. If 
the duty to be performed lie between the State and the gen¬ 
eral government, then we intrust it to the State. 


CHAPTER V 

TOWNSHIPS AND TOWNSHIP OFFICERS 

43. The Elemental Unit. —The elemental unit of civil 
government in Pennsylvania is the township, subordinated to 
the government of the county, State, and Nation. A citizen 
is thus subject to several grades of political authority or 
government. Affairs of greatest importance belong to the 
National government; a different class of important matters 
pertain to the sphere of the State; while the local govern¬ 
ment is divided between the county and township in most 
cases. 

44. Area: Population: Classes. —Townships vary 
in area and population, but both are usually small. The 
area is usually about 30 square miles, while the population 
varies from 45 (Old Forge) to 15143 (Hazel) inhabitants. 
The whole State is laid out into townships. Each is a cre¬ 
ation of law, and a body corporate and politic. By a recent 
Act of the General Assembly, the townships of the State are 
divided into two classes. Those having a population of at 
least 300 to the square mile, as shown by the United States 
census, are designated townships of the first class; all others 
are townships of the second class. The form of government 
is practically the same in all townships of the same class, 
and is prescribed by the General Assembly. 

45. Township Officers— The laws of the Common¬ 
wealth provide for township officers as follows: Justices of 
the peace, constable, supervisors, overseers of the poor, as- 


TO WNSHIPS AND TO WNSHIP OFFICERS 29 


sessors, tax-collector, auditors, school directors, and town¬ 
ship clerk. For election purposes, the electors choose one 
judge of election and two inspectors; each inspector ap¬ 
points one clerk. 

The officers above named are those provided for in both 
classes of townships, unless their duties are otherwise as¬ 
signed by the Act of 1899 erecting townships of the first 
class. The officers provided for in that Act are enumerated 
in paragraph 85. 

46. Qualifications and Election. —No person is eli¬ 
gible to any township office unless he is a voter in the town¬ 
ship. Election occurs annually on the third Tuesday in 
February. All township officers, except tax-collectors, 
school directors, and constables, enter upon their duties on 
the first Monday in March next after their election to office. 
Tax-collectors assume office on the first Monday in April 
after their election, while school directors take office on the 
first Monday in June. The term of the township constable 
begins on the first day of next court of quarter-sessions af¬ 
ter election. 

47. The Justice of the Peace. —The justice’s court is 
of the simplest kind, and is the court of greatest antiquity. 
The officers of this township court are the justice of the 
peace and the constable. The justice of the peace is usually 
both judge and jury, but he may on occasion impanel 
a jury of six men. The principal duty of this officer, in so 
far as criminal matters are concerned, is to issue warrants 
for the arrest of persons suspected of crime, and to give 
preliminary hearings. For minor offenses he may impose a 
fine, and even a short term in jail; but for serious offenses, 
he binds the person over to the county courts for trial if the 
evidence is against the accused, releasing him on bail until 
the time of trial. 


30 


THE AMERICAN CITIZEN 


The final jurisdiction of this local court in civil matters 
is restricted to cases not involving more than $5.33; but, 
subject to the right of appeal to the higher courts, the jus¬ 
tice of the peace may exercise jurisdiction over cases not 
involving more than $300. His decision is commonly final 
in cases not involving more than $100. 

Among other duties which may be performed by this offi¬ 
cer are the administering of oaths, the taking of acknowl¬ 
edgements of deeds, the attesting of signatures on other 
documents, the issuing of legal writs, and the performing 
of the marriage ceremony. 

Each township elects two justices (ill), and the term of 
office is five years. Commissions are issued by the Govern¬ 
or (111); but in some townships which have little business 
it is customary for only one of those elected to take out his 
commission. The compensation of the justice consists of 
fees. (See State Constitution 111.) 

48. The Constable. —The constable holds an office of 
great antiquity, and is largely responsible for the preserva¬ 
tion of the peace of the community. He carries out the di¬ 
rections of the justice of the peace, and, as the peace officer 
of the township has the right to arrest without a warrant if 
he himself sees the offense against the law. If he is unable 
to arrest an accused person on account of violence, or to 
subdue a riot, he may call upon the citizens to help him. 
\_ posse comitatus~\ He is required to make a full report to 
the court as to the peace and conformity to law in his baili¬ 
wick. 

The Constable also serves notices and executes warrants 
and writs issued by the justice of the peace. He is the min¬ 
isterial officer of the township. He executes search war¬ 
rants, subpoenaes witnesses, and Sells goods that have been 
levied upon to satisfy debts. He is empowered to arrest 


TO WNSHIP AND TO WNSHIP OFFICERS 31 


vagrants and to confine them. Certain important duties as 
to elections are required of him. He must give public no¬ 
tice of an election, preserve order at the voting place, and 
be present in the voting room during the counting of the 
vote. He delivers certificates of election to township offi¬ 
cers. His term of office is three years, and his pay consists 
of fees fixed by law. 

49. The Supervisors. —The supervisors represent the 
township as a body corporate, may acquire and dispose of 
property, and be a party to suits at law. Their principal 
duty is to direct the repair and construction of township 
roads and bridges. In some counties they are called road 
commissioners. They levy the annual road tax, and see 
that it is collected. It is a common practice with many 
tax-payers to work out the road tax. Supervisors must see 
that guide posts are erected at the intersection of roads; and 
failure to comply with this provision subjects them to a fine 
not exceeding $10 for each offense. The supervisors are 
authorized by law, at their option, to purchase a suitable lot 
of ground and to erect thereon a town house in which to 
hold elections, store road machinery, hold meetings of town¬ 
ship officers, or use for other township purposes. The su¬ 
pervisor may exercise the duties of the constable under cir¬ 
cumstances arising from the negligence, death, or absence 
of that official. 

The law provides that two supervisors shall be elected 
annually, but by direct vote the qualified electors in any 
township within the Commonwealth may decide to elect a 
greater number. The term of office is one year. The com¬ 
pensation is five per cent, commission for the collection of 
the road tax, and $1.50 per day for the time actually de¬ 
voted to the work on the roads or the to other public business. 


32 


THE AMERICAN CITIZEN 


50. Overseers of the Poor. —In some counties the 
commissioners have not erected and equipped almshouses for 
the care of the poor; where this is the case, the township 
elects overseers of the poor, who are responsible for the care 
of such persons. In some townships the supervisors are 
overseers of the poor. The paupers are furnished aid in 
their own homes, or other people are paid for taking care of 
them. The overseers fix the amount of the poor tax, and 
receive a small compensation from the poor fund. There are 
two overseers, one being elected annually for a term of two 
years. 

51. The Assessors. —The assessors prepare lists of the 
names of all taxable persons in the township, together with 
a description and valuation of all their property subject to 
taxation. One assessor is elected for three years, and in the 
last year of his term two assistants are elected to serve for 
one year, With such aid he assesses or values all the tax¬ 
able property in the township during the third year, and 
this valuation is called the triennial assessment. Opportu¬ 
nity is given the taxpayer to have correction made in the 
valuation of his property. In the other two years the regu¬ 
lar assessor merely makes such corrections in the lists as the 
circumstances warrant. Voters who own no property are 
assessed for their profession or occupation. The assessor 
receives from the county commissioners a statement of the 
amount of money required from the township as its share 
of the county expenses. To this he adds the township ex¬ 
penses, and the whole amount is raised by taxation proper¬ 
ly apportioned. 

Under the school law making attendance compulsory, the 
assessor is required to make a careful and correct list of all 
children between the ages of eight and sixteen years within 


# 



THE WARRIOR BRANCH INDIAN TRAIL 



















* 




V 



















































































TOWNSHIPS AND TOWNSHIP OFFICERS 33 


the district, and return the same to the county commis¬ 
sioners. 

The assessor prepares annually a list of all the persons in 
the township who are qualified to vote. The assessors are 
paid $2.00 for each day spent in the duties of the office. 

52. The Collector of Taxes. —This officer is elected 
for a term of three years, and his duties are indicated by his 
title. The manner of the collection of taxes varies, how¬ 
ever, in different townships. While the constitution re¬ 
stricts special legislation (52), many special laws of an ear¬ 
lier date than the present constitution are still in operation. 
In general, the duties of the tax-collector are to receive the 
tax duplicates from the officers who make the levies, and to 
attend at a stated place, at the proper time, to receive taxes 
and issue receipts therefor. In some townships the collect¬ 
or receives all taxes—State, county, and township, as well 
as school tax. In some places school directors have their 
own tax collectors; and the county treasurer in some town¬ 
ships collects the county taxes. The tax collector receives 
as compensation a percentum of the money handled. 

53. The Auditors. —There are three auditors in office 
at any time; the term is three years, and one is elected an¬ 
nually. These officials examine the accounts of the super¬ 
visors, overseers of the poor, school board, and all other 
officers who receive or expend township funds. They pub¬ 
lish annually a report showing the receipts and expendi¬ 
tures. Copies of this report are filed with the court and 
with the township clerk. The salary of auditors is $2.00 
for each day spent in the transaction of official business. 

54. The Township Clerk. —In early times, the duty of 
the town clerk was to keep ‘ ‘y e accurate recorde of what dothe 
happene within ye metes and boundes of ye towne.” Al¬ 
though social affairs would in all probability be much more 


34 


THE AMERICAN CITIZEN 


orderly if a record were kept in every community at pres¬ 
ent, the office of township clerk has become comparatively 
unimportant. He now acts as secretary for the supervisors, 
and keeps a record of any stray animals that are reported to 
him. This office is in many cases left unfilled. 

55. School Directors. —The school district is the unit 
of administration in the educational system of the State. It 
is a body corporate, and may sue and be sued as such. A 
board of six directors has charge of the educational interests 
of a township district, and exercises its corporate powers. 
The officers of the board are the president, the secretary, 
and the treasurer. Two directors are elected annually for a 
term of three years. Women are eligible to the office. 
School directors receive no salary. It is their duty to pro¬ 
vide school facilities for all persons between the ages of six 
and twenty-one who desire to attend school. This involves 
levying school taxes, purchasing building sites, erecting 
and equipping school buildings, and arranging for the 
funds required in such transactions. The school tax rate 
cannot exceed 26 mills on the dollar —13 for maintenance 
and 13 for building purposes. 

In the ordinary management of the schools the directors 
employ the teachers and fix the salaries; regulate the length 
of the term in excess of seven months; select the text-books 
and furnish them; purchase other necessary supplies; estab¬ 
lish courses of study directing what branches shall be taught 
besides those required by law; enforce attendance under the 
compulsory school law; and visit the schools. 

The school directors of the whole county meet in conven¬ 
tion once every three years to elect a county superintendent. 

56. Election Districts and Officers. —According to 
the constitution, all elections must be by ballot (136). In 
order that the voting may be done readily, a large number 


TOWNSHIPS AND TOWNSHIP OFFICERS 35 


of polling places must be provided, and the election districts 
must necessarily be small. Townships and wards sometimes 
form such districts, but may be subdivided into several elec¬ 
tion districts by the court of quarter-sessions. Election offi¬ 
cers are chosen for each voting precinct in the township. 
The constitution provides that the election board shall con¬ 
sist of a judge of election and two inspectors of election 
chosen annually by the citizens. (146) Each inspector 
appoints one clerk (see Chapter 15). The compensation of 
election officers is $3.50 for an election, and is paid out of 
the county treasury. 

57. Officers in Townships of the First Class.— 

The following officers are provided for in the Township Act 
of 1899: 

(1) Five township commissioners to hold office for the 
term of two years. If the population of the township ex¬ 
ceeds 5000, an additional commissioner is to be elected for 
each 2000 of population in excess of 5000. No township 
commissioner shall receive any salary, or shall be eligible to 
any other township office. 

(2) A township treasurer, for the term of three years. 
He cannot serve two terms in succession. 

(3) A township assessor, who shall hold office for a term 
of three years, as provided by existing laws. 

(4) Annually, a township auditor, for a term of three 
years as provided by existing laws. 

The whole number of commissioners shall be apportioned 
among the election districts of the township in proportion 
to the population. Residence in the district in which he is 
voted for is not a requisite of eligibility fora township com¬ 
missioner. 

The office of township supervisor is abolished in town¬ 
ships of the first class. 


36 


THE AMERICAN CITIZEN 


The county commissioners are charged with the duty of 
ascertaining, after each decennial census of the United 
States, what townships, if any, within the county satisfy 
the conditions set forth as constituting a township of the 
first class. They must issue a proclamation setting forth 
such designation, and publish it in two newspapers of the 
county. 

The organization of the township of the first class has 
come about through the need of closer centralization in 
localities where the population of the township is 250 or 
more to the square mile. Decentralization of government 
as to local affairs is a characteristic feature of American 
polity, and is one of the greatest safeguards of liberty; but 
where the population is great, the local govenment must 
exercise greater powers secured to it by the State through 
the action of the legislature. 


CHAPTER VI 

BOROUGHS AND CITIES 

THK BOROUGH 

58. The Borough. —When the population of a village 
becomes so large that its best interests demand a form of 
government with greater powers than those of the township, 
a separate local government is organized. A petition is pre¬ 
sented to the court of quarter-sessions through a majority of 
the voters, and notice thereof is published in a county news¬ 
paper. If the court approves, the borough is organized. 
Until thus incorporated, a village can have no truly distinct 
or separate local government. 

59. Borough Officers. —The officers of a borough are 
the chief burgess, the councilmen, tax-collector, assessor, 
treasurer, auditors, overseers of the poor, school directors, 
justice of the peace, constable, and board of health. 

The duties of many of these officials are the same as those 
of the corresponding township officers. Boroughs have no 
supervisors. 

60. The Chief Burgess. —The chief burgess is the 
executive officer of the borough, is elected for a term of 
three years, and is not eligible for the next succeeding term. 
He cannot hold any other borough office or appointment 
during his term of office, nor be a member of the town 
council, nor preside at its meetings. His duty is to approve 
and sign ordinances and resolutions passed by the council, 
or to veto them if he does not approve them. A two-thirds 
vote of the council overrules his veto. He is ex officio a 


38 


THE AMERICAN CITIZEN 


justice of the peace. The law provides that in the absence 
or disqualification of the burgess, the president of the bor¬ 
ough council shall perform the duties of such burgess. 

61. The Council. —In the expanded power of the bor¬ 
ough the legislative or law-making power becomes promi¬ 
nent. In boroughs not divided into wards, the number of 
members in the town council is seven. The laws passed by the 
council are called ordinances. These relate to the general wel¬ 
fare of the people of the borough as to streets, crossings, wa¬ 
ter-supply, sewers, lighting, police and fire service,care of the 
poor, abatement of nuisances, quarantine of cases of infec¬ 
tious and contagious diseases, public health in general, lo¬ 
cation and care of cemeteries, etc. The council determines 
the rate of taxation in the borough, and controls the expen¬ 
ditures. It examines all bills, and pays by orders on the 
treasurer. The council is presided over by a president 
elected from their number at the annual organization of 
council; and, in the absence of the president, a president 
pro tempore presides. A clerk is appointed who keeps a 
record of all the transactions of the council, and publishes 
its ordinances. The corporate powers of the borough are 
vested in the council, which acts in all suits to which the 
borough is a party. 

In boroughs divided into wards, the court of quarter- 
sessions fixes the number of councilmen to be elected in 
each ward as a separate election district. This number can¬ 
not exceed three, and not all are elected at the same time. 
The term of office is three years, and one-third the council- 
men are elected annually. 

62. The Treasurer. —This officer is placed under bond 
for the faithful performance of his duties. He receives all 
taxes, fines, license money, and other borough funds, and 
pays out the money of the borough on the order of the 
council duly presented in writing. 


BOROUGHS AND CITIES 


39 


63. The Assessors. —In making the valuation of prop¬ 
erty, the assessors of all the wards of a borough act as a 
board of assessors. They make the assessments of all tax¬ 
ation for borough, school district, and county purposes; 
and send a return thereof to the the county commissioners, 
who act as a board of tax revision. 

THE CITY 

64. The City. —In densely populated districts of large 
areas, the centralization of humanity and human interests 
demands a government that is centralized and efficient be¬ 
yond the degree of any borough government. Such a com¬ 
plex type of local government is municipal government, 
and the communities thus controlled are known as cities. 

The present form of city governments shows that they 
have been much influenced by the form of State govern¬ 
ments. In fact, the government of an American city is a 
reduced copy of the government of a State. The city has 
its own constitution or charter, its laws, its legislature, its 
executive, its judiciary, its treasury, and its police force. 

Municipal government in Pennsylvania dates from the 
founding of Philadelphia in 1682. The charter given by 
Charles II. granted the power to incorporate boroughs and 
cities; viz, ‘ ‘To divide the said Countrey and Islands into 
Townes, Hundreds, and Counties, and to erect and incor¬ 
porate Townes into Boroughs and Boroughs into Cities.” 

65. Classes of Cities. —The law classifying the cities 
of the Commonwealth divides them into three classes: — 

Cities containing a population of 1,000,000 or over con¬ 
stitute the first class. 

Cities containing a population of 100,000 and under 
1,000,000 constitute the second class. 

Cities containing a population of under 100,000 constitute 
the third class. 


40 


THE AMERICAN CITIZEN 


At present all the cities of the State except four belong 
to the third class. Philadelphia is the only city of the first 
class, and Pittsburg, Allegheny, and Scranton belong to the 
second class. 

The State constitution (52) forbids special legislation. In 
order to comply with this provision, and secure at the same 
time laws suited to the different cities, it is necessary that 
they be classified. A law needed in a large city might be 
useless or harmful in a small city. 

66. The City Charter. —According to the constitu¬ 
tion, (179) cities may be chartered whenever a majority of 
the electors of any town or borough having a population of 
at least 10000 shall vote at any general election in favor of 
the same. The city charter is the fundamental law of that 
city. It outlines the mode of government, and enumerates 
officers, legislative bodies, etc., Charters are granted by the 
General Assembly, and all cities of the same class have the 
same charter. 

67. Wards. —For convenience in organization and ad¬ 
ministration the city is divided into wards, and these again 
for election purposes into precincts or polling divisions. 
Wards differ in size and population, but are usually the unit 
of representation in the councils and various boards of the 
city. 

68. City Officers.— The officers of a city of the third 
class are the mayor, councilmen, aldermen, treasurer, con¬ 
troller, solicitor, school superintendent, chief of police, fire 
marshal, board of health, assessors, and some others who 
have the same duties as the corresponding officers in a bor¬ 
ough. In cities of the first and second class the aldermen 
are called magistrates. In such cities a large part of the 
administrative business is transacted through executive de¬ 
partments. 


BOROUGHS AND CITIES 


4i 


69. The Mayor. —The chief executive officer of a city 
is the mayor. He is chosen by the electors to serve for a 
term of three years, and is not eligible for the next suc¬ 
ceeding term. He must be at least twenty-five years old, 
and must have been a citizen and resident of the State for 
four years and of the city one year. The mayor is respon¬ 
sible for the good order and peace of the city, and has the 
authority of a justice of the peace under the laws of the 
Commonwealth. He is charged with the duty of suppress¬ 
ing all disorder and riot by means of the police force. I 11 
order to enable him to preserve public peace within the city, 
he has all the powers of a sheriff; and if he finds the means 
for suppressing mobs and riots insufficient, he may call upon 
the sheriff of the county for assistance. He prepares an 
annual message to councils setting forth the condition of 
the finances and other affairs of government, and recom¬ 
mending measures which he may deem proper for the im¬ 
provement of the same. He calls special meetings of the 
councils whenever necessary. The mayor appoints nearly 
all the subordinate officers whose positions are created by 
ordinance, and in many cases can exercise the pow r er of re¬ 
moval. All bills passed by the councils require his approval 
and signature; should he veto a bill, it must be repassed by 
a vote of two-thirds of all the members of councils before it 
can become a law. 

70. The Councils.— The city legislature consists of 
two councils—the select council and the common council. 
Each ward elects one member of the select council for four 
years, and two members of the common council for two 
years. One-half of the members of select council are elected 
every two years, and one-half of the common council each 
year. The members of councils receive no salary. 

Except in number and extent, the powers and duties do 


42 


THE AMERICAN CITIZEN 


not differ materially from those of the borough council. 
The subjects of legislation of the councils relate exclusively 
to local matters. Among the multitude of subjects concern¬ 
ing which ordinances may be enacted are the creation of 
subordinate offices, with regulation of appointments and 
removals; fixing salaries and amount of official bonds; ap¬ 
propriation of city funds; borrowing money, issuing bonds, 
and creation of a sinking fund; care of streets, sidewalks, 
and railroad crossings; establishment and regulation of the 
police; provision of lock-ups; regulation of markets, ferries, 
wharves, and watercourses; creation of a fire department; 
inspection of buildings; requiring the numbering of houses; 
regulation of weights and measures; establishment of a de¬ 
partment of charities; making of health regulations; and 
the establishment of hospitals and parks. 

71. The City Treasurer. —This officer is elected by 
the people for a term of three years. His duties are similar 
to those of the borough treasurer. All moneys received by 
him are deposited in such banks and institutions as councils 
may determine. By virtue of his office, he is the collector 
of all the city, school, and poor taxes. On entrance upon 
his duties as treasurer, he takes also his oath of office as col¬ 
lector, and gives bond for the faithful performance of his 
duties. The tax duplicates in his office are at all times open 
to the proper inspection of tax-payers. He appoints and 
pays the deputy tax collectors. The compensation or com¬ 
mission for collecting taxes is fixed by the authority levy¬ 
ing the tax, but cannot be less than one per cent on all 
taxes promptly paid, and five per cent on all taxes paid him 
after the penalty has been incurred. 

72. The City Controller .—The controller is elected 
by the qualified voters for a term of three years. His duties 
are to examine, audit, and settle all city accounts. His de- 


BOROUGHS AND CITIES 


43 


partment attends to the general checking and auditing of 
the accounts and books of all the departments dealing with 
the finances of the city. He countersigns all warrants drawn 
upon the treasurer. His salary is determined by the coun¬ 
cils. 

73. The City Solicitor .—This officer is appointed by 
the councils in joint session. His term of office is three 
years, and the councils fix his salary. The legal business 
of the city is in his hands. He advises the city councils 
and officers concerning questions of law submitted by them. 
He represents the city and its officers in all suits to which 
they are parties. He must be learned in the law, and qual¬ 
ified to practice in the Supreme Court of the Commonwealth. 

74. The Superintendent of Schools. —The law au¬ 
thorizes the school directors in all cities, boroughs, and 
townships of 5000 or more inhabitants to elect their own 
school superintendent, who has the same powers as a coun¬ 
ty superintendent, and must have the same qualifications. 

75. The City Judiciary. —In cities of the third class, 
justices of the peace are called aldermen. Each ward is en¬ 
titled to elect one alderman, who shall have the powers and 
jurisdiction of a justice of the peace. He is commissioned 
by the Governor for a term of five years, and must have 
resided within the ward for one year next preceding his 
election. Appeals may be taken from the decision of the 
alderman’s court to the county court of common pleas. 
The work of the alderman is much greater than that of a 
justice of the peace in a borough or township, and the office 
is much more remunerative. The mayor is ex officio a jus¬ 
tice of the peace, and his court having jurisdiction over 
minor criminal offenses is the most characteristic feature of 
the city judicial system. His civil jurisdiction deals only 
with violations of the city ordinances and the laws of the 


44 


THE AMERICAN CITIZEN 


Commonwealth relating to cities. He can administer oaths, 
take acknowledgements of written instruments, and solem¬ 
nize marriages. Important city cases belong to the juris¬ 
diction of the county courts. 

76. The City Constables: The Police. —The voters 
in each ward, in cities of the second and third classes, shall 
elect a properly qualified person for constable, to serve for 
three years. Policemen axe. ex officio constables of the city, 
and shall and may without warrant and upon view arrest 
and commit for hearing any persons guilty of disorderly 
conduct, or unlawful acts imperiling the personal security 
or endangering the lives of the citizens, or violating any of 
the city ordinances which impose fine or penalty. The 
mayor must exercise constant control and supervision over 
the police, and hear and determine all complaints against 
them in the discharge of their duties. He appoints the chief 
of police and the other officers. 

77. Board of Health.— In any city of the third class 
councils may create a board of health consisting of five 
members, two of whom must be practicing physicians. The 
members are appointed, one annually, for a term of five 
years, by the mayor by advice and consent of the select 
council. The board issues licenses to plumbers, and attends 
to the general sanitation of the city. 

78. The Fire Marshal. —A fire marshal may be ap¬ 
pointed by the mayor for a term of two years. His duties 
relate to the examination into the causes of fire, and means 
for prevention. The chief of the fire department, or the 
chief of police may be made fire marshal ex officio. 

79. Water and Lighting* Department. —Councils 
may also create a department dealing with the water-supply 
and lighting of the city. It consists of three commissioners, 
elected one annually by the councils in joint session, and 


BOROUGHS AND CITIES 


45 


the term of office is three years. They make an annual re¬ 
port to the councils. 

80. The City Engineer. —The councils shall elect, in 
joint session, a competent civil engineer to serve for three 
years. He has charge of the grading, repair, and opening 
of streets, and attends to such engineering matters as the 
city may undertake. A good city engineer may do much 
to render a city beautiful. 

81. Board of Assessors. —The qualified electors of 
each city of the third class elect annually one person, who 
must be a resident voter and an owner of real estate therein, 
to serve as a city assessor for a term of three years. No 
two members of this board can be residents of the same 
ward. The assessors serve also as a board of revision and 
tax equalization. 

82. Departments in Great Cities. —In great cities, 
like those of the first and second class, the practical work 
of administration is carried on by numerous departments, 
and there are many subordinate officers. 

In Philadelphia, the mayor holds office for four years 
and is not eligible for the next succeeding term. He is the 
head of the executive branch of the government which com¬ 
prises four departments, namely: public safety, public 
works, supplies, and public health and charities. In general 
the chief officer of each department appoints his own 
subordinates. The duties of the officials of the various de¬ 
partments are largely indicated by the titles. The depart¬ 
ment of public safety is subdivided into seven bureaus, 
namely: police, fire, electrical, city, property, building 
inspection, boiler inspection, and correction. The depart¬ 
ment of public works has also seven bureaus, namely: gas, 
lighting, water, filtration, street-cleaning, highways, and 
surveys. The department of supplies purchases all articles 


46 


THE AMERICAN CITIZEN 


and personal property needed in the business of the city 
government, except books and other specialties for the 
libraries, museums, and city school system. The depart¬ 
ment of public health and charities attends to matters re¬ 
lating to public health, charities, almshouses, municipal 
hospitals and similar institutions under the control of the 
city. The mayor calls together the heads of the depart¬ 
ments at stated times for advice and consultation upon the 
affairs of the city, and may require reports upon the matters 
under their control. 

The other leading officials of Philadelphia are the con¬ 
troller, the treasurer, the solicitor, and the receiver of taxes. 
There are also several public commissions, having manage¬ 
ment and control of various special municipal activities. 

83. Councils in Philadelphia. —Select council con¬ 
sists of as many members as there are wards (42 in 1905), 
and one-third of the members are elected annually for a 
term of three years. Each ward sends one member to com¬ 
mon council for every 2000 taxable voters. The term is 
two years, and one-half of the members are elected annually. 

84. Magistrates’ Courts. — The State constitution 
abolishes the office of alderman in Philadelphia (112). It 
provides that there shall be established for each 30000 in¬ 
habitants one court of police and civil causes with jurisdic¬ 
tion not exceeding $100. Such courts shall be held by 
magistrates elected on general ticket for a term of five years 
by the qualified voters. They shall be paid a fixed salary 
by the county, and shall exercise such civil and criminal 
jurisdiction as has been hitherto exercised by aldermen. 

85. Constables in Philadelphia. —Each ward of the 
city elects, in general, two constables to serve for five years. 
But the 21st, 22d, 23d, and 24th wards elect by separate dis¬ 
tricts as heretofore provided by law. 


BOROUGHS AND CITIES 


47 


86. The Public Schools of Philadelphia. — The 

public schools of this city are not under the general school 
S 3 'Stemof the State. The control of the city system is vested 
in a board of public education consisting of twenty-one 
members appointed by the judges of the courts of common 
pleas of the county. There are also local boards of school 
directors elected for each ward of the city with duties large¬ 
ly visitorial. A superintendent and six assistant superin¬ 
tendents are elected by the board of education. Councils 
must appropriate annually, for the support and maintenance 
of the schools, a sum not less than five mills upon the as¬ 
sessed valuation of the real estate of the city. 

87. Cities of the Second Class. —Only three cities 
are at present entitled to this rank, Pittsburg, Allegheny, 
and Scranton. Recent legislation (1901) extends the so- 
called Federal plan to cities of this class. The new charter 
separates the executive and legislative departments as is the 
case in the State and National governments. The executive 
power is vested in the mayor, who is assisted by the heads 
of the several departments. He is elected for a term of 
three years, but is not eligible for the next succeeding term. 
He must be at least twenty-five years of age, and must have 
been a citizen and resident of the State for five years, and 
an inhabitant of the city for five years next before his elec¬ 
tion. His powers are extensive, and he may remove from 
office any head of department, director, or other officer 
whom he has appointed, transmitting to select council his 
reasons for so doing. He is responsible for the good order 
and efficient government of the city, executing and enforc¬ 
ing the ordinances of the city and the laws of the State. It 
is his duty to communicate to councils, at least once a year, 
a statement of the finances and general condition of the af¬ 
fairs of the city; to recommend by written message to coun- 


48 


THE AMERICAN CITIZEN 


cils such legislation as he may think expedient; to call 
special meetings of councils whenever public necessity may 
require them. He may also, as often as he may think prop¬ 
er, appoint three competent persons to examine, without 
notice, the accounts of any department or officer of the city. 
The mayor approves or disapproves resolutions and ordin¬ 
ances passed by councils. A three-fifths vote of all mem¬ 
bers in each branch of councils is necessary in order that 
any legislation may be repassed over his veto, and the same 
is true in regard to any item in any appropriation bill of 
which he may disapprove. 

The executive departments are nine in number as follows: 
public safety, public works, collector of delinquent taxes, 
assessors, city treasurer, city controller, law, charities and 
correction, and sinking fund commission. The departments 
of public safety and public works have each a head official 
called the director. For convenience in operation these 
larger departments are divided into several bureaus whose 
names sufficiently indicate their several spheres. These 
divisions in the individual cities differ somewhat, but are 
alike in most respects. Thus, in Pittsburg, the department 
of public safety has the following bureaus:—police, detec¬ 
tives, fire, electricity, health, and building inspection. In 
the important department of public works we find the fol¬ 
lowing bureaus:—construction, surveys, highways and sew¬ 
ers, city property, water, water-rents, parks, light, and 
deed-registry. 

The city solicitor, collector of delinquent taxes, sinking 
fund commission, and head£ of the various departments are 
appointed by the mayor by and with the advice and consent 
of the select council. 

The board of assessors, city treasurer, and city controller 
are chosen by the vote of the people at the regular city 



INDEPENDENCE HALL 
































































































































BOROUGHS AND CITIES 


49 


elections. It is essential that these officials should be inde¬ 
pendent of both mayor and councils, but responsible alone 
to the people. 

The select council consists of one member elected from 
each ward to serve four years, one-half of the membership 
being elected every two years. The common council has 
two members from each ward,—and more if the ward is 
large,—elected for two years, one-half of them being chosen 
each year. The powers of councils are extensive. In case 
the office of mayor becomes vacant the councils in joint ses¬ 
sion have power to fill the vacancy, if in the last year of the 
term. During a vacancy the president of select council acts 
as mayor. No contracts for the city can be entered into 
until the councils pass the necessary ordinances. 

The police power for taking information, making arrests, 
and preserving the peace is vested in the mayor and five 
police magistrates, not all of the same political party, to be 
appointed by the mayor, subject to the approval of the 
select council. The term of office of such magistrates is 
during good behavior, and until a successor shall be ap¬ 
pointed and approved. They serve in such districts as are 
designated by ordinance, and receive an annual salary fixed 
by councils. 

88. Corporate Powers. —The corporate powers of all 
cities are set forth in the general charters granted by the 
General Assembly to each particular class. The powers 
enumerated in the charter for cities of the second class em¬ 
brace many common to all cities. Such cities have perpet¬ 
ual succession, may sue and be sued; purchase and hold 
property; lease, sell, and convey property; make contracts; 
have and use a corporate seal, and do all other acts neces¬ 
sary to the exercise of their corporate powers. In relation 
to the enactment of ordinances, the charter for cities of the 


50 


THE AMERICAN CITIZEN 


second class sets forth these powers under forty-three heads. 
These will well repay careful study in order that the diffi¬ 
culties of municipal government may be understood. 

89. Vital Problems in Cities. —The most vital of the 
great problems in regard to cities is how best to govern 
such large gatherings of people. Important questions are 
constantly arising in municipalities, such as:—how to con¬ 
trol the corporations that have acquired franchises; the 
letting and supervision of contracts; the proper care for the 
criminal and needy classes, constantly increasing in such 
cities; how to manage the educational interests for the ben¬ 
efit of all; and especially, how to prevent the control of the 
municipality by political bosses, spoilsmen, and rings. Such 
questions require the constant exercise of care and study by 
the best men, and eternal vigilance to settle them and to 
keep them settled. The charters are the efforts of Pennsyl¬ 
vania to aid its great cities in the solution of such problems. 

The forces that attack and pervert the republican form 
of government are very numerous in cities, and the defen¬ 
sive forces are not always well-placed for resistance. The 
State, by legislative enactments and through certain 
restrictions embodied in its constitution (180-181)*, seeks 
to diminish the evils which appear wherever a large popu¬ 
lation is densely aggregated (157). 


*Tlie numerals occurring in the body of the text always refer to the cor¬ 
respondingly numbered sections in the State constitution printed in the 
back of this book. 



CHAPTER VII 

COUNTY GOVERNMENT 

90. Number and Area of Counties. —The State is 
divided into sixty-seven counties varying in area from Mon¬ 
tour with 130 square miles, to Lycoming with 1195 square 
miles. In population they range from Cameron with 7048, 
to Philadelphia with 1,293,697 inhabitants. 

The constitution specifies (171) that no new county shall 
be organized with an area less than 400 square miles or a 
population of less than 20,000 inhabitants. The three 
original counties, Chester, Philadelphia, and Bucks were 
organized in 1682. The youngest county is Lackawanna, 
organized in 1878. 

91. County Seats. —Each county has a town as its seat 
of local government. At this place, known as the county 
seat, are erected the court house and offices for the several 
county officers. This town stands in the same relation to 
the county that the capital city does to the State. Certain 
officers are required to have their offices in the county seat 
(175). 

No new county shall be established which shall reduce 
any county to less than four hundred square miles, or to 
less than twenty thousand inhabitants; nor shall any coun¬ 
ty be formed of less area or containing a less population; 
nor shall any of its lines pass within ten miles of the coun¬ 
ty seat of any county proposed to be divided. The ten miles 
must be measured from the borough or city limits, not from 
the court house (171). 


52 


THE AMERICAN CITIZEN 


92. County Officers. —In the county we see a distinct 
tendency toward the three-fold division of sovereign power 
that the Anglo-Saxon race insists shall pervade all 
government, namely the legislative, the executive, and the 
judicial functions. 

The officers of the county (172) are: — commissioners, 
sheriff, prothonotary, clerk of the courts, register of wills, 
recorder of deeds, clerk of the orphans’ court, district 
attorney, treasurer, auditors or controller, coroner, solicit¬ 
or, mercantile appraiser, surveyor, county superintendent 
of schools, directors of the poor, jury commissioners, coun¬ 
ty judge; and in some counties, associate judges and prison 
inspectors. 

93. Who may be County Officers. —In order to be 
eligible to a county office (174), a person must have been a 
citizen and an inhabitant therein one year next before his 
election. County officers are chosen (173) at the general 
elections, and hold office for three years as a rule. 

94. Salaries. —In counties having a population of less 
than 150,000 inhabitants, the salary of each officer consists 
of fees fixed by law (176). In the other counties, the fees 
are paid into the State treasury or into the countytreasury 
as the law may direct, and a specified salary is paid. In 
no case can the salary be greater than the amount of fees 
collected (176). The law fixes several grades of salaries 
according to the population of the county. 

95. The Commissioners. —The officers who conduct 
the general' county business are the commissioners, and 
they are vested with all the powers which the county pos¬ 
sesses as a body corporate and politic. Among these are 
the power to acquire, hold, and dispose of property; to en¬ 
ter into contracts; to be a party to suits at law. The com¬ 
missioners levy the county taxes; provide for the erection, 


COUNTY GOVERNMENT 


53 


repair, and furnishing of the court house, jail, and other 
official buildings; construct and keep in repair roads and 
bridges which in cost and importance pass beyond the sphere 
of the township officers. In order to accomplish such pur¬ 
poses, they may borrow money on the credit of the county, 
and issue bonds for the same. They are required to set 
forth annually an account of the receipts and expenditures. 
If new public buildings are required, the commissioners 
must obtain the approval of two successive grand juries and 
of the court of quarter sessions before the buildings can be 
erected. The commissioners meet as a board to transact 
the business of the county, and two are necessary to the 
taking of any action. 

Commissioners are elected in each county every third 
year; and in order to secure representation on the board for 
more than one political party, no elector is allowed to vote 
for more than two such candidates at the same time (178). 
In addition to the duties already enumerated, the commis¬ 
sioners perform important duties in connection with elec¬ 
tions. They provide voting rooms, voting booths, ballots, 
cards of instruction, lists of voters, etc. 

Any casual vacancy in the office of county commissioner 
is filled by the court of common pleas of the county in 
which the vacancy occurs. 

96. The Sheriff. —The sheriff is the executive officer 
of the county and of its courts. He is the conservator of 
the public peace, and to that end he has the power to make 
arrests. He may call to his aid any citizens of the county, 
thus forming what is known in law as the posse comitatus. 
A citizen cannot lawfully refuse to aid him in making an 
arrest. In order to quell riots and disturbances, he may 
call upon the Governor for assistance. When a man is ar¬ 
rested for crime, it is the State which arrests him by the 


54 


THE AMERICAN CITIZEN 


hand of the sheriff, its agent in the county. In this sense 
the sheriff becomes a State officer, although he cannot make 
arrests or seize property beyond his own county. He is the 
arm of the law for that county, however, and conditions 
might arise under which the aid of the President and Nation 
might be invoked. As for the force that the sheriff may 
draw upon, if necessary, for the suppression of disorder in 
a single locality, it is practically unlimited and irresistible. 
It rises from the posse comitatus or “power of the county,” 
to the State militia, or even to the full power of the regular 
army. 

The sheriff is the ministerial officer of the county courts, 
and serves all legal processes issuing therefrom. He has 
charge of the county jail, and is required to receive and 
safely keep all persons duly committed to his custody until 
they are lawfully discharged. He preserves order at the 
sittings of the county court, and carries out the decisions 
therein rendered. Under proper warrant from the Govern¬ 
or, he executes criminals condemned to death penalty. If a 
taxpayer refuses to pay his taxes on real estate after assess¬ 
ment and demand by the proper officers, the sheriff may 
seize the property and expose it for sale, and deduct taxes 
and legal expenses from the proceeds. The sheriff also sells 
property for debt, when judgment has been given by court 
and execution issued therefrom. He has charge of the jury- 
wheel, and assists in drawing the juries. He summons wit¬ 
nesses and jurors. 

The sheriff cannot serve two successive terms. Since the 
nature of his office requires that he should deal with large 
sums of money, he is placed under heavy bonds, varying 
according to the population of the county. His salary is 
usually the largest paid to county officers. By means of 
advertisements in newspapers and by handbills, he makes 
proclamation of general elections. 


COUNTY GOVERNMENT 


55 


97. The Prothonotary. —This officer is the clerk of 
the court of common pleas—the civil court. He is the cus¬ 
todian of the records of the court, and all judgments and 
mechanics’ liens are recorded by him. The prothonotary 
has charge of the seal of the court, and affixes it to all writs, 
processes, and documents that require it. He makes an an¬ 
nual report to the secretary of the Commonwealth, showing 
the number and nature of criminal cases tried, the acquittals 
and convictions. He administers the oaths and affirmations 
to jurors, witnesses, and others in conducting the business 
of his office. He keeps the register of physicians, and the 
record of all naturalizations. The returns of city, county, 
State, and National elections are made to him and filed in 
his office. He makes a certified copy of the election returns, 
except that of the city, and transmits it to the secretary of 
the Commonwealth. 

98. The Clerk of the Courts. —This officer is usually 
clerk of the court of quarter sessions and the court of oyer 
and terminer—the criminal courts. He attends all sessions 
of the courts, and makes a detailed record of the proceed¬ 
ings. He calls before the court the jurors and witnesses, 
and administers the prescribed oaths. The business of the 
court of quarter sessions, relating to the opening of streets 
and roads and the granting of liquor licenses, is in his 
charge. The returns of township and borough elections are 
filed in his office, and certificates of election are issued to 
successful candidates, except justices and aldermen who 
are commissioned by the Governor. 

99. Register of Wills. —This official records the wills 
of deceased persons that require to be probated, that is, 
proven to be the lawful acts of the persons who are claimed 
to have made them. The division of an estate is made un¬ 
der the supervision of the orphans’ court. The register of 


56 


THE AMERICAN CITIZEN 


wills appoints administrators on the estates of persons who 
have died intestate, that is, without leaving wills. Execu¬ 
tors and administrators consult him in regard to the per¬ 
formance of their duties, and are required to report to him 
the final settlements of estates. 

100. Recorder of Deeds. —One of the most important 
officials to the community is the recorder of deeds. All 
papers used in making transfers of real property, or in 
placing liens or mortgages upon it, the law requires to be 
recorded in the office of the recorder of deeds. Such papers 
are called deeds, mortgages, liens, contracts, and partner¬ 
ship agreements according to their nature, and are often of 
the greatest importance in determining property rights. The 
time of recording the papers is so important that each paper 
is marked with the exact day of presentation. Mortgages 
are even marked with the exact hour of presentation, since 
claims of right often rank according to their priority. 

101. Clerk of the Orphans’ Court. —The dirties of 
this officer are indicated by his title. In most counties the 
office is joined with that of the register of wills or the clerk 
of the courts. Originally, all the courts sitting in the same 
county had always the same clerk. In many counties the 
offices of register of wills and recorder of deeds are filled by 
the same person. In some of the smaller counties, all the 
clerical duties are performed by one man as prothonotary, 
clerk of the courts, clerk of the orphans’ court, register of 
wills, and recorder of deeds. 

102. District Attorney. —The agent of the State in 
bringing persons accused of crimes to trial is the district 
attorney. He prepares the indictments aiid submits them 
to the grand jury, together with the evidence to substantiate 
the charges. If a “true bill” is found by the grand jury, 
the district attorney becomes the prosecuting officer when 


COUNTY GOVERNMENT 


57 


the trial takes place. No person is eligible to this office 
unless he has been admitted to practice as an attorney in the 
courts of some county within the Commonwealth for at least 
two years preceding his election. 

103. The County Treasurer. —This officer receives 
all State and county taxes, and the fines and license fees. 
In some counties he is tax collector; in others he receives 
the proceeds from township tax-collectors of all taxes levied 
for county and State purposes. He pays the State tax and 
other State moneys over to the State treasurer. He dis¬ 
burses the county funds upon warrants drawn by the county 
commissioners or other officers designated by law. His ac¬ 
counts are open to the inspection of the auditors or control¬ 
ler, and he must make regular financial reports to the coun¬ 
ty commissioners. The financial records of the county are 
preserved in his office. He cannot have two successive 
terms, and is under bonds for the faithful performance of 
his duties. In case of a vacancy in the office of county 
treasurer, the commissioners have power to appoint a suit¬ 
able person. 

104. The Auditors. —These officers serve as guards 
over the treasury and every office in which public funds are 
handled, since accounts are kept in duplicate by individual 
departments. The auditors adjust the accounts of the treas¬ 
urer, sheriff, commissioners, and every other officer who 
handles county funds. They report regularly to the State 
auditor the condition of the county finances. There are 
three auditors elected in a county at the same time, but no 
elector can vote for more than two of them (178). A vacancy 
in the office is filled by the court of common pleas. 

In counties having a population of 150,000 inhabitants or 
over, the powers of the auditors are vested in a county con¬ 
troller. 


58 


THE AMERICAN CITIZEN 


105. The Mercantile Appraiser. —This official is 
appointed annually by the county commissioners. He in¬ 
vestigates the amount of sales made by dealers in merchan¬ 
dise, and classifies such dealers with reference to business 
licenses. These licenses are a special form of State tax. 
He receives a fee for each license issued. In Philadelphia, 
the appraisers are appointed by the auditor-general and the 
city treasurer (72). 

106. The Coroner. —This officer holds a formal inves¬ 
tigation over the body of any person who is suspected of 
having died by violence, or who has died in prison. Such 
proceeding is called an inquest. He summons a jury of six 
persons to assist him in his findings. His services are of 
great importance to society, both in bringing murderers to 
punishment and in protecting the innocent from accusation. 
In the absence of the coroner, the justice of the peace may 
hold an inquest. If the office of sheriff becomes vacant, 
the coroner performs the duties of that office until the Gov¬ 
ernor makes an appointment. 

107. The County Solicitor. —The commissioners ap¬ 
point the county solicitor who is the legal adviser of the 
county officers. He is empowered to act as counsel for the 
county in all civil suits to which it is a party. 

108. County Surveyor. —This office is of small im¬ 
portance now as compared with former usefulness when the 
State owned large tracts of land, and the sales required the 
making of surveys. The principal duties of the surveyor 
now relate to the demarcation of boundary lines disputed in 
the courts. His services also secure accuracy and skill in 
the construction of roads and bridges. He issues maps of 
the county, and makes plots of the various surveys. 

109. The Superintendent of Public Schools.— As 
his title implies, this officer has general supervision of the 


COUNTY GOVERNMENT 


59 


public schools of the county. He examines applicants for 
certificates of qualification to teach; visits all the schools 
annually, if possible; sees that the subjects specified by law 
are taught according to approved methods; advises and di¬ 
rects the teachers; holds an annual institute for the teachers 
of the county; and makes an annual report as well as month¬ 
ly reports to the State superintendent of public instruction. 

The county superintendent may grant two kinds of cer¬ 
tificates: the provisional and the professional. The former 
is good for one year only; the latter for the unexpired re¬ 
mainder of the superintendent’s term, and one year there¬ 
after. Certain other duties, concerning the granting of per¬ 
manent certificates and the examination of candidates for 
graduation at normal schools, pertain to his office under the 
direction of the State superintendent. 

The county superintendent must have superior qualifica¬ 
tions of physical endurance, moral character, scholarship, 
and skill in his profession. He takes oath to perform faith¬ 
fully the duties of his office. The minimum salary paid is 
fixed by law at $1000, and the maximum to be paid by the 
State at $2000. The size of the county, the average length 
of the school term, and the number of schools determine the 
varying salaries between these limits. Any amount greater 
than the maximum may be agreed upon by the school 
directors in the convention at which the superintendent is 
chosen for his term of three years; yet the excess in sala^ 
is not paid by the State, but is deducted from the county’s 
share of the State appropriation. 

Women are by the constitution made eligible to the office 
of superintendent of schools (166). 

110. Directors of the Poor. —In those counties in 
which the commissioners have erected and furnished alms¬ 
houses three directors are elected, one each year, to take 


6o 


THE AMERICAN CITIZEN 


care of and provide for the poor of the county with money 
obtained by taxation. In many counties the relief of pau¬ 
pers is still left in the hands of the township and city officers. 

111. Inspectors of Prisons. —In nine counties, the 
courts or county commissioners appoint prison inspectors 
who serve for one year. They appoint the officials of the 
prison, and receive and pay out the funds used in carrying 
on the institution. 

112. Jury Commissioners. —These officers, in con¬ 
nection with one of the judges, select from the qualified 
electors of the county a certain number of persons to serve 
as jurors in cases brought before the courts for trial during 
the year. There are two jury commissioners, and they 
cannot serve more than two terms in succession. The 
method of drawing juries is described under the chapters 
on the Judiciary. The law provides that two sober, intel¬ 
ligent and judicious persons shall be chosen in each county 
to serve as jury commissioners for a period of three years. 
In order to secure representation on the board for more than 
one political party or faction, no elector can vote for more 
than one person to serve as jury commissioner. The two 
persons having the greatest number of votes are elected. 

113. County Courts and Judges. —The county courts 
are the courts of the judicial districts into which the State 
is divided (105). The judges of the county courts are cho¬ 
sen by the voters of the whole district at the general elec¬ 
tion. The same judge or judges exercise jurisdiction in 
the courts of the different counties in the district, but each 
county has its own courts. (See Judiciary ) The county 
was organized from the beginning as a judicial district with 
court house, jail, judge, and sheriff. 


CHAPTER VIII 

the state government 

114. Three Great Departments. —The State pre¬ 
serves the old three-fold division of the powers of govern¬ 
ment into separate departments: the legislative, the execu¬ 
tive, and the judicial. It is the main frame work of the 
State constitution, and in this respect the structure of the 
State government is identical with that of the National gov¬ 
ernment. The Constitution of the United States, by de¬ 
volving certain duties upon the legislatures and governors 
of the several States, makes such a division necessary; for 
a State without such a division of governmental powers 
could not have a republican form of government within the 
meaning of the Constitution. 

115. The NTecessity for Such Division. —Experience 
has shown that the powers which belong to all governments 
can be most safely and satisfactorily exercised by dividing 
them. A “government of the people, by the people, and 
for the people” must have a power to make the laws, and 
at the same time a separate power to carry them out, or 
they will be of no value whatever. Yet before the laws can 
be enforced and applied, they must be properly understood; 
so there arises the need of a power which shall explain and 
interpret them uniformly. Indeed, in enacting the law, 
the legislative body may not have regarded the constitution 
or fundamental law of the State. In that case there must 
be some power higher than either the legislative or the ex¬ 
ecutive power, able to declare it unconstitutional. This 


62 


THE AMERICAN CITIZEN 


highest power of government, to determine the meaning 
and constitutionality of laws, belongs to the judicial depart¬ 
ment and finds its greatest exponent in the Supreme Court. 

116. The State Constitution. — The law-making 
power, as has been seen, has limits to its authority pre¬ 
scribed by a written document called the constitution. This 
is the highest law of the State. By its means the courts, 
the law-making power, and the executive are brought into 
the characteristic relations which mark our republican form 
of government. During its existence as a State, Pennsyl¬ 
vania has had four constitutions. 

The State constitution is in itself only a great law made 
directly by the people voting upon a draft submitted to them. 
The people in voting act as a primary body, just as if they 
were all summoned to meet in one place like the folkmotes 
of our forefathers. The enactment of our State constitution 
was an exercise of direct popular sovereignty. 

117. Other Features of State Government. —Be¬ 
sides the features of self-government already considered,— 
the constitution and the three great departments,—the State 
has the other elements of legal independence which charac¬ 
terize all the States in the Union. These are:—a body of 
State laws; a system of local government, in counties, cities, 
townships, etc.; a system of State and local taxation; pub¬ 
lic debts,—[$4,718,817.02]—December, 1904,—not apt to 
be repudiated; and certain requirements regarding suffrage 
and elections. 


CHAPTER IX 

THE LEGISLATURE 

118. Name and Composition. —The legislative power 
of the Commonwealth of Pennsylvania is vested in a General 
Assembly, which consists of a senate and a house of repre¬ 
sentatives (28). The senate consists of fifty members, and 
the house of representatives of two hundred and four. The 
laws of Pennsylvania are known as “Acts of Assembly,” 
and not as statutes, as in some of the States. 

119. Districts. —The constitution prescribes that the. 
State shall be divided into senatorial and representative dis¬ 
tricts, and defines the method of division. This apportion¬ 
ment of members shall be made immediately after each de¬ 
cennial census of the United States (45). The State is 
divided into 50 senatorial districts of compact and contiguous 
territory, and each district elects one senator. The ratio of 
senatorial representation is found by dividing the population 
of the State by fifty (43). Philadelphia has eight districts, 
Allegheny county has six, and Luzerne county has two. 
The members of the house of representatives are apportioned 
according to a ratio found by dividing the population of the 
State by two hundred. The county of Philadelphia has 
forty-one members in the lower branch of the General 
Assembly. Each county is entitled to at least one repre¬ 
sentative (44). Allegheny county has twenty-four. 

120. How Elected and When. —The members of the 
General Assembly are chosen by the qualified voters (29) at 
the general election on the Tuesday next after the first 


6 4 


THE AMERICAN CITIZEN 


Monday in November. The term of office of a senator is 
four years (30), and one-half of them are chosen every even 
year; by which arrangement one-half the membership of the 
senate consists of senators of at least two years’ experience. 
Representatives are chosen every even year for a term of 
two years (30). The term of service of members of the 
General Assembly begins on the first day of December next 
after their election (29). 

121. Eligibility .—Senators must be at least twenty- 
five years of age. They must have been citizens and resi¬ 
dents of the State four years, and residents of their districts 
one year next before their election—unless absent on the 
public business of the United States or of this State. Dur¬ 
ing their terms of office they must continue to reside within 
their districts (32). Representatives must be at least twenty- 
one years old, and their other qualifications are the same as 
those of senators. No person holding an office under the 
State or National government can be a member of the Gen¬ 
eral Assembly (33). No person convicted of embezzlement 
of public moneys, bribery, perjury, or other infamous crimes, 
is eligible to such membership (34). 

122. Sessions. —The General Assembly holds its reg¬ 
ular sessions once in two years, beginning at twelve o’clock, 
noon, on the first Tuesday of January every odd year (3l). 
The length of time for which the General Assembly shall 
sit is not fixed, but the regular session generally lasts five 
months. Special sessions are called only by the Governor 
(90). A special session of the senate alone may be called 
for the transaction of executive business; but the house of 
representatives cannot alone be assembled. Each house has 
its own chamber in the Capitol at Harrisburg. 

123. Salary .—Senators and representatives alike receive 
such salary and mileage, for regular and special sessions, as 



CAPITOL AT HARRISBURG 

































































































































































































































--- 
























THE LEGISLA TURE OF PENNSYL VANIA 65 


may be fixed by law, and no other compensation whatever 
for service on committee or otherwise (35). The law fixes 
the salary at $1500 for a regular session, and $500 for a 
special session, regardless of the length of either. The 
mileage is reckoned on the basis of the ordinary mail route 
to and frum their homes, at the rate of twenty cents per 
mile. Additional compensation in the form of $100 worth 
of postage stamps and $50 worth of stationery is granted. 

124. Privileges of Members. —The members of the 
General Assembly, except in certain specified cases, are 
exempt from arrest during attendance at the sessions; and 
for any speech or debate in either house they shall not be 
held responsible in any other place (42). Thus legislation 
cannot be impeded by the device of arresting and imprison¬ 
ing members of the Assembly. 

125. Organization of the Houses. —On the day 
fixed for the meeting of the General Assembly (31), the 
twenty-five senators whose term of office has not expired 
and the twenty-five senators elect meet in the senate cham¬ 
ber, and are called to order at twelve o’clock noon by the 
lieutenant-governor of the Commonwealth, who by virtue 
of his office is the president of the senate (82). After the 
ceremonies with which the session opens, the newly-elected 
senators take the oath of office prescribed by the constitu¬ 
tion (132). A motion is then made that the senate proceed 
to the election of a president pro tempore (36). Nomina¬ 
tions are made, the clerks call the roll of the senate, and 
each senator announces his choice by a viva voce vote (144). 
The next order of business is the election of the chief clerk 
and other officers, after which the senate is ready to proceed 
with any business which may be presented. 

The president pro te?npore is the only officer that is a 
member of the senate. The other officers chosen are a chief 


66 THE AMERICAN CITIZEN 

clerk, journal clerk, reading clerk, message clerk, executive 
clerk, and four transcribing clerks; also a sergeant-at-arms 
and two assistants, who preserve order in the senate cham¬ 
ber, a chaplain, and a librarian. There are also door-keepers, 
messengers, pages, and other assistants. 

The chief clerks, the sergeants-at-arms, and many of the 
other officers chosen by the houses, are by law authorized 
to return as such at the next regular meeting of the General 
Assembly. This assures continuity of organization. 

The house of representatives is organized in a manner 
similar to that in which the senate is organized. The chief 
clerk calls the house to order, and the secretary of the 
Commonwealth presents the returns of the last election (96), 
and then retires. The returns are read, the roll is called, 
and the oath of office is administered by a judge of the 
supreme court or of a court of .common pleas. The mem¬ 
bers then elect from their own number a presiding officer 
called the speaker (36). Clerks and other officers are then 
elected, after which the house is ready to consider any busi¬ 
ness which may be presented. The speaker is always a rep¬ 
resentative of the majority party, and appoints the commit¬ 
tees. In this and in many other ways he is able to direct 
and influence legislation. 

126. Legislation. —The duty of the General Assembly 
is to make such laws as will promote the welfare of the 
people of the Commonwealth. These laws must not con¬ 
flict with the Constitution of the United States, nor with 
that of the State, otherwise the courts will be sure to declare 
them unconstitutional, and therefore null and void. The 
fact that the General Assembly is composed of two separate 
houses gives the advantage of checking hasty legislation. 
The General Assembly can legislate upon a great variety of 
subjects, yet there is manifestly in the minds of the people 



THE LEGISLATURE OF PENNSYL VANIA 67 


a certain jealousy of the legislative branch of government. 
Our State constitution devotes an entire article to limiting 
the power of the Legislature (46-78). The passing of 
local or special laws is forbidden in many distinctly speci¬ 
fied cases; nor is it possible to pass any local or special bill 
unless notice of the intention to apply therefor shall have 
been published in the locality particularly concerned at least 
thirty days before the introduction of the bill into the Gen¬ 
eral Assembly (53). The purpose of such provision is to 
prevent the evils growing out of special legislation. 

Every word in a written constitution is in effect a 
restriction of legislation; yet the limitations imposed by 
the State constitution and by that of the United States seem 
small enough when compared with the vast prerogatives of 
the State Legislature. It has been truly said that to enum¬ 
erate the particulars of the vast range of power, and to de¬ 
tail its parts, would be to name all social and business re¬ 
lationships, and to examine the very foundations of law and 
order. 

1 27. Contests. —When any question is raised as to the' 
qualification or election of a member, the house in which he, 
claims a seat decides it, and there is no appeal from such; 
decision (36). 

128. Quorum. —A majority of each house constitutes 
a quorum, but a smaller number may adjourn from day to 
day and compel the attendance of absent members (37). 

129. Rules: Expulsions. —Each house determines 
its own rules of order and business, and has power to enforce 
obedience to its process (38). By a two-thirds vote it may* 
expel a member, but not a second time for the same cause. 

130. The Journal. —Each house keeps a journal of its* 
proceedings (39.).■ Upon the-.demand of any two members, 
the vote on any question shall be taken by yeas and nays,: 


68 


THE AMERICAN CITIZEN 


and be so entered upon the journal. It will be noted that 
on all questions the members of General Assembly vote 
orally (144). The reasons for secret ballot do not apply, 
since the members vote in a representative capacity, and 
the constituents of each member have a right to know how 
he has discharged his duty. The proceedings are published 
from time to time, except such parts as require secrecy. 
The sessions of each house and of committees of the whole 
are open, unless the business is such as ought to be kept 
secret (40). Secret sessions of either house are very rare. 

131. Committees. —The enactment of laws is expedited 
by means of committees appointed at the beginning of the 
session, and the constitution expressly prescribes them (47). 
These committees are very numerous, and each has charge 
of some particular subject. They are called standing com¬ 
mittees because they continue throughout the session. 
Special committees are appointed to deal with any subjects 
which cannot readily be referred to any of the standing 
committees. The committee system places every bill in the 
hands of a limited number of persons having special knowl¬ 
edge of the matter with which it deals. They investigate 
the subject, and report the result of their deliberations. 
Committees in the senate are appointed by the president 
pro tempore , and in the house of representatives by the 
speaker. 

132. Bills .—A proposed law, presented by a member 
in either house for consideration by the General Assembly, 
is called a bill. Bills may be altered, amended, or rejected 
by either house, but no bill shall be so amended as to change 
its original purpose. No law shall be passed except by 
bill (46). 

133. How the Laws are Made. —A bill may origin¬ 
ate in either house—except a bill for raising revenue, which 


THE LEG/SLA TURE OF PENNS YL VANIA 69 


must originate in the house of representatives (59). The 
bill must then be referred to a committee, returned there¬ 
from, and printed for the use of the members (47). It 
must be read in full on three different days in each house, 
amendments being made on second reading and the same 
printed for the use of members before the final vote after 
third reading is taken (49). The vote on its final passage 
must be taken by yeas and nays, and the names of the per¬ 
sons voting for and against the same be entered on the jour¬ 
nal. If a majority of the members elected to each house 
be recorded in its favor, the Legislature has passed the bill 
(49). If a bill originating in one house is amended or 
changed in any respect by the other house, it must be re¬ 
turned to the house in which it originated, and the amend¬ 
ment approved by a majority of all the members, voting by 
yeas and nays (50). 

When the bill has been passed by both houses, it is sent 
to the Governor (93). If he approves it, he signs it and 
the bill becomes a law; but if he does not approve it, he 
vetoes it—that is, he returns it with his objections, to the 
house in which it originated. The Legislature may upon 
reconsideration pass such bill by a two-thirds vote in both 
houses, and it then becomes a law without the approval of 
the Governor. If he does not return a bill within ten days 
after it has been presented to him, it becomes a law, unless 
the General Assembly, by adjournment, prevent its return. 
Under these circumstances, the Governor has thirty days in 
which to sign or veto all bills left in his hands. 

134. When the Governor is a Third House.— The 
only occasion on which the Governor is a part of the legis¬ 
lative power of the State is when he signs or vetoes a bill. 
Yet in ordinary times, this power which is not executive 
but legislative, is his most important and considerable func- 


7o 


THE AMERICAN CITIZEN 


tion. While exercising this power, the Governor is virtually 
in himself a third house (94). 

The Governor has thirty days after the General Assembly 
has adjourned in which to approve or disapprove (93) bills 
sent to him during the ten days immediately preceding the 
adjournment of the legislature. During the last few days 
of the session a large part of the bills are passed finally, and 
this provision gives him time for their careful consideration. 

135. Election of U. S. Senators. —An important duty 
of the General Assembly is the election of Senators repre- 
ing the State in the Congress of the United States. The 
election is held in conformity with rules contained in a law, 
passed by Congress in 1866, making such elections uniform 
for the States. The Governor certifies to the election, under 
the seal of the State, and the certificate is countersigned by 
the secretary of the Commonwealth. 

136. The Power of Impeachment. —The house of 
representatives has the sole power of impeachment (128), 
but all impeachments are tried by the senate (129). When 
sitting for that purpose, the senators shall be upon oath or 
affirmation, and no person can be convicted without the 
concurrence of two-thirds of the members present. 

137. Powers Reserved to Each House. —It will be 
seen that the house of representatives has the sole power of 
impeachment, and of originating bills for raising revenue; 
while the senate has the sole power of confirming the Gov¬ 
ernor’s appointments (86), and of trying the cases of im¬ 
peachment. 

138. Apportionment of the State.— The General 

Assembly has power to divide the State into senatorial and 
representative districts for the election of State senators and 
members of the house of representatives, and into judicial 
districts (105) for the election of judges of the court of 
common pleas and the orphans’ court (43-44). 


THE LEG/SLA TURE OF PENNS YL VANIA 71 


By act approved February 15, 1906, the number of mem¬ 
bers in the house of representatives was changed to two 
hundred seven [207], and the State was re-apportioned into 
representative districts as provided by the constitution (45). 
The purpose of the method therein set forth (44) is to pre¬ 
vent gerrymandering, and it is efficient except in the case of 
the larger counties and cities. The divisor, two hundred, used 
in finding the ratio, keeps the number of representatives 
close to that figure. 

In the further exercise of its legal powers, the General As¬ 
sembly also divides the State into congressional districts for 
the election of Representatives in the Congress of the United 
States. By act of July 11, 1901, the State is divided into 
thirty-two congressional districts, each electing one member 
of the House of Representatives in the Congress of the 
United States. 

139. When an Act goes into Effect. —An Act of 

Assembly becomes a law and goes into effect as soon as it 
has received the signatures of the proper officers required 
by law, unless some other time is fixed by a special section 
of the act. This is sometimes, but not usually, inserted. 

140. Adjournment. —Each house adjourns from time 
to time without reference to the other, but may not adjourn 
for more than three days without the consent of the other 
(41). When the two houses cannot agree upon the time of 
adjournment, the Governor may adjourn them to such time 
as he may think proper, not exceeding four months (90). 


CHAPTER X 

THE EXECUTIVE DEPARTMENT 

141. The Department. —The executive department of 
the State consists of a Governor, lieutenant-governor, sec¬ 
retary of the Commonwealth, attorney-general, auditor- 
general, state treasurer, secretary of internal affairs, and a 
superintendent of public instruction (79). 

142. The Governor. —The supreme executive power 
in the State is vested in the Governor, who is charged with 
duties of great variety and responsibility. He must take 
care that the laws are faithfully executed (80). The office 
of Governor is one of great power and dignity, and affords 
an opportunity for the display of character and talent. 

143. How and When Elected. —The Governor is 
chosen by the qualified electors of the State, on the day of 
the general election, at the places where they shall vote for 
members of the General Assembly (80). The election 
occurs on the Tuesday next following the first Monday in 
November. 

144. Returns of Election. —The returns of the votes 
cast for Governor, as the same have been collected and 
counted by the proper officers of the several counties of the 
State, are sealed up and sent to the seat of government at 
Harrisburg, directed to the president of the senate, who 
opens and publishes them in the presence of both houses of 
the General Assembly (80). 

145. Term and Eligibility. —The Governor is chosen 
for a term of four years from the third Tuesday of January 


THE EXECUTIVE DEPARTMENT 


73 


next ensuing his election, and is not eligible to the office 
for the next succeeding term (81). He must be a 
citizen of the United States, at least thirty years old, and 
for the seven years next preceding his election he must 
have been a resident of Pennsylvania, unless he shall have 
been absent on the public business of the State or of the 
United States (83). 

146. Residence and Salary. —His business office is 
in the Executive Building, and official residence at the 
Governor’s Mansion at Harrisburg. His salary is $10,000 
per annum. 

147. Lieutenant-Governor. — The lieutenant-gov¬ 
ernor is chosen at the same time, in the same manner, and 
for a same term as the Governor. His qualifications must 
be the same, and he is not eligible to his office for the next 
succeeding term (82). He is ex officio the president of the 
senate, but has no vote unless the senate is equally divided. 
While the office of lieutenant-governor under ordinary cir¬ 
cumstances is of small dignity, in its possibilities it is of the 
greatest importance. If the Governor dies, resigns, or for 
any reason becomes unable to discharge his duties, the 
powers, duties, and emoluments of the office devolve upon 
the lieutenant-governor (91). 

148. Must Hold no Other Office. —No member of 
Congress, or person holding any office under the United 
States or other office in this State can exercise the office of 
Governor or lieutenant-governor (84). 

149. Commander-in-Chief. —The Governor is com¬ 
mander-in-chief of the army and navy of the Common¬ 
wealth, and of the militia, except when they are called into 
the actual service of the United States (85). 

150. Power to Appoint Officers. —He may nominate, 
and, by and with the advice and consent of two-thirds of all 


74 


THE AMERICAN CITIZEN 


the members of the senate (86), appoint a secretary of the 
Commonwealth and an attorney-general during pleasure, 
a'superintendent of public instruction for four years, and 
such other officers of the Commonwealth as he is or may be 
authorized by the constitution or by law to appoint. 

151. Filling Vacancies. —If a vacancy happens in 
any office, and the law does not provide some other method 
for filling it, the Governor may appoint a person to fill the 
vacancy (86). Such appointment expires, in general, at 
the close of the next session of the General Assembly or at 
the next election by the people. 

152. Reprieves and Pardons. —He has power to re¬ 
mit fines and forfeitures, to grant reprieves, commutations 
of sentence, and pardons (87) except in cases of impeach¬ 
ment; but no pardon shall be granted nor sentence com¬ 
muted, except upon the recommendation of the board of 
pardons. 

153. Fugitives from Justice. —The Governor may 
demand fugitives from justice from the executive of any 
other State or Territory; and issue warrants for the arrest of 
persons in this State upon the requisition of the governor 
of any other State or Territory. 

154. Information and Advice. —He may require in¬ 
formation, in writing (88), from the officers of the execu¬ 
tive department, upon any subject relating to the duties of 
their respective offices. 

155. Messages. —The Governor sends to the General 
Assembly, at the beginning of the .session, a formal message 
reporting the condition of the State, and recommending to 
their consideration such measures as he may judge expedi¬ 
ent (89). 

156. Extra Sessions.— The Governor has power to 
call the senate together to transact executive business only; 


THE EXECUTIVE DEPARTMENT 


75 


also to convene the General Assembly on extraordinary oc¬ 
casions. It is his duty, by message, to explain to both 
houses the reasons why he has thus called them together 
(90). 

157. Adjourning’ the Legislature. —In case of dis¬ 
agreement between the two houses as to the time of adjourn¬ 
ment, the Governor may declare the General Assembly ad¬ 
journed to such time as he may think proper, not exceeding 
four months (90). 

158. Order of Succession. —As we have seen, in case 
of the death, resignation, or other disability of the Govern¬ 
or, the duties of the office devolve (9l) upon the lieutenant- 
governor. In case of a vacancy in the office of lieutenant- 
governor (92), the president pro tempore of the senate suc¬ 
ceeds to that office, and in like manner may become Gov¬ 
ernor, should a vacancy or disability also occur in the office 
of governor. 

159. The Office of Governor never Vacant. —Care¬ 
ful provision is thus made that the Commonwealth be not 
at any time left without a responsible head. There is never 
a time when there is not some one to whom the people may 
look as chief magistrate. In cases of contested election, as 
under ordinary circumstances; the Governor and lieutenant- 
governor exercise the duties of their respective offices until 
their successors are duly qualified (95). 

160. Contested Election. —The chief-justice of the 
Supreme Court of the State presides upon the trial of any 
contested election of Governor or lieutenant-governor, and 
decides all questions regarding the admissibility of evi¬ 
dence (95). 

161. The Veto Power. —All bills and concurrent 
resolutions, except for adjournment, must be submitted to 
the Governor for his approval (93). If he approves a bill 


76 


THE AMERICAN CITIZEN 


he signs it, but if he does not approve it he returns it to the 
house in which it originated, with his objections. The 
General Assembly may, upon reconsideration, pass such 
bill by a two-thirds vote in both houses. The relations of 
the Governor to the General Assembly are most important, 
since the veto power gives him a great influence in legisla¬ 
tion. Even although he cannot make legislation and a bill 
may become a law notwithstanding his veto, the share 
which the chief executive takes in actual legislation is very 
great. The use of the veto power is his most serious duty, 
and chiefly by his discharge of it is he judged. Few bills 
are ever passed over the Governor’s veto. Many bills, at 
the time of the adjournment of the Legislature, are left un¬ 
acted upon by him; concerning all such bills he has an ab¬ 
solute veto. A power almost analytic in its actual working 
is that which enables him to disapprove of any item of 
a bill appropriating money, and to approve of other 
items of the same bill (94). This is a wise provision, 
enabling the Governor to cut out any objectionable appro¬ 
priation without destroying the whole bill. It has also been 
decided by the Supreme Court of the State that the Governor 
has the right, under the State constitution, to reduce any 
item of an appropriation bill passed by the General Assem¬ 
bly. 

162. When Approval is not Necessary. —Resolu¬ 
tions for adjournment need not be submitted to the Gov¬ 
ernor for his approval (71). The supreme court has de¬ 
cided that article XVIII of the State constitution, providing 
for its future amendment, stands alone and provides all the 
machinery that is necessary to be followed in the amend¬ 
ment thereof. The submission of amendments to the con¬ 
stitution to the Governor for his approval is therefore not 
necessary, although it has been done in many cases (207). 


THE EXECUTIVE DEPARTMENT 


77 


163. Secretary of the Commonwealth. —This offi¬ 
cer is appointed by the Governor and confirmed by the sen¬ 
ate, and holds office at the pleasure of the chief executive of 
the State. He keeps a record of all the official acts and pro¬ 
ceedings of the Governor, and furnishes information con¬ 
cerning the same to other officers and to the General Assem¬ 
bly. Other duties are enjoined upon him by law. He is 
the custodian of the copies of all laws, resolutions, etc., 
passed by the General Assembly; these and the veto mes¬ 
sages of the Governor are prepared for publication under 
his supervision. He countersigns all proclamations, ap¬ 
pointments, and commissions issued by the Governor; and a 
record of them is kept in his office. He keeps a record of 
all death-warrants, respites, commutations, and pardons; 
he has charge of the official bonds of all officers and notaries 
public commissioned by the Governor. Records of incor¬ 
poration, proceedings of corporations, their charters, changes 
of name, changes in capital stock, etc., are under his care. 
He is the custodian of election returns of all national, State, 
and county officers who receive executive commissions; and 
he compiles and publishes the returns of the State elections. 

The secretary of the Commonwealth is the keeper of the 
great seal of the State. He affixes it to all such documents 
as the law requires; and countersigns them. His salary is 
$8000 per annum. Fees being no longer a part of his sal¬ 
ary, he is required to pay into the State treasury all per¬ 
centages, fees, and commissions received by him by virtue 
of his office as secretary of the Commonwealth. 

The secretary of the Commonwealth is the head of the 
department of State, and the agent of official communica¬ 
tion between Pennsylvania and other States and the United 
States. 


78 


THE AMERICAN CITIZEN 


164. Secretary of Internal Affairs .—The secretary 
of internal affairs is elected by the people, and serves for a 
term of four years (99). He exercises all the powers and 
performs all the duties formerly assigned to the surveyor- 
general (97), subject to some changes made by law. Ac¬ 
cording to the constitution, his department shall embrace a 
bureau of industrialstatistics, and he shall discharge such 
duties relating to corporations, charitable institutions, and 
the agricultural, manufacturing, mining, mineral, timber, 
and other material or business interests of the State as may 
be prescribed by law. The department as organized at 
present consists of five bureaus: land office and boundary 
lines; assessments and taxes; industrial statistics; mines 
and mining; and railroads, canals, telegraphs, and tele¬ 
phones. The secretar}' collects through these various bureaus 
information of great importance concerning the relations 
between capital and labor, wages, processes of manufacture, 
value of products, condition of the laboring classes, etc. 
These facts, together with his views and recommendations, 
are set forth in his reports to the General Assembly. 

165. Superintendent of Public Instruction. —The 
educational interests of the State are represented in the ex¬ 
ecutive department by the superintendent of public instruc¬ 
tion, who exercises general supervision of the system of 
public education (98). He commission's county, city, and 
borough superintendents of common schools, appoints and 
commissions the State trustees of the State normal schools, 
conducts the annual examinations of students in such 
schools, and appoints the State boards of examiners. He 
makes an annual report to the Governor, and these exercise 
considerable influence upon legislation on educational mat¬ 
ters. Although appointed by the Governor for a term of 
four years, the State superintendent of public instruction 
can be removed only by impeachment. 


THE EXECUTIVE DEPARTMENT 


79 


166. Attorney-General. —The attorney-general is 
appointed by the Governor, and is the legal adviser and ad¬ 
vocate of the State (86). His duties are increasing from 
year to year. He advises the Governor and other State officers 
on questions of law and of public interest whenever such ques¬ 
tions are submitted to him for an expression of his opinion. 
Many of his duties relate to the finances of the State, and a 
large part of his work consists of the collection of delinquent 
claims certified to him by the auditor-general. He has ac¬ 
cess in the course of his business to the books, papers and 
documents in the offices of the auditor-general and State 
treasurer. He may proceed by law against any corporation 
that refuses to submit its affairs to examination by the proper 
officers, or violates any law binding upon it. In the course 
of his duty, he represents the Commonwealth in all appeals 
taken by corporations in the settlement of taxes. Through 
the courts he can proceed to force certain officers to perform 
their official duties. He submits to the legislature reports 
of the official business transacted in his office. The attor¬ 
ney-general is a member of the board of pardons (87), the 
board of property and accounts, and of other important 
boards. His salary, $12000, is one of the largest paid to 
State officers; and the breadth of the duties of the office 
requires that he be a lawyer of pronounced ability. 

167. Auditor-General. —The auditor-general is elect¬ 
ed for a tonn of three years, and is not eligible to the office 
for the next succeeding term (99). He makes an annual 
examination of the condition of the State treasury, including 
the treasurer's accounts, and all banks, corporations, etc., 
having deposits of the public funds. He examines and set¬ 
tles all accounts between the Commonwealth and other par¬ 
ties. The auditor-general has extensive powers to examine 
accounts,'sumfnon witnesses, and examine them under oath 


8o 


THE AMERICAN CITIZEN 


if necessary. All warrants upon the State treasury are 
drawn by the auditor-general, except those drawn by the 
Governor; and such must be countersigned by the auditor- 
general. The books and papers of the treasurer’s office are 
open to the inspection of the auditor-general. 

168. State Treasurer. —The State treasurer is elected 
for a term of two years, and is not eligible to the office for the 
next succeeding term (99). He receives all money paid 
into the State treasury, and issues receipts therefor, which 
the auditor-general countersigns and registers. He pays 
all warrants drawn by the proper officers. He gives bond 
in the sum of $500,000 for the faithful performance of his 
duties. He makes an annual detailed report to the Legis¬ 
lature of the receipts and expenditures of the preceding 
year, ending November 30, and at the commencement of 
each session makes a financial report to the General Assem¬ 
bly. On the first business day of each month he renders a 
statement of account to the auditor-general, giving in detail 
the sums which make up the grand total of the amounts for 
that day in the State treasury, including moneys appropri¬ 
ated to the sinking fund. It also includes the names of 
banks and trust companies with whom public funds are de¬ 
posited, and sets forth under oath the amounts of such de¬ 
posits. 

169. Secretary of Agriculture. —This officer is ap¬ 
pointed by the Governor and confirmed by the senate for a 
term of four years. The creation of the office was due to 
the magnitude of the interests formerly entrusted to the 
State board of agriculture. The object of the office which 
he fills is to promote agriculture, horticulture, forestry, and 
kindred industries. His principal duties are to collect and 
publish information relating to many subjects such as the 
adaptability of grains, grasses and other crops to the soil 


THE EXECUTIVE DEPARTMENT 


81 


and climate of the State; wool growing and stock raising; 
diseases of domestic animals; methods and rates of trans¬ 
portation; valuation- and taxation of farm lands; and all 
topics relating to the general agriculture of the State. 
Through his subordinates he is charged with the manage¬ 
ment of farmers’ institutes; the enforcement of laws relating 
to the adulteration of food products and fertilizers; and the 
care and protection of forests against fire and other dep¬ 
redations. 

By virtue of his office he is secretary of the board of 
agriculture. He has four assistants: the director of 
farmers’ institutes, the dairy and food commissioner, 
the State veterinarian, and an economic zoologist. 

170. The Great Seal. —The State provides for the 
use of its executive a seal called the great seal of 
Pennsylvania. In effect this seal is an instrument whereby 
the name and emblem of the State may be impressed upon 
the paper or other material upon which the official docu¬ 
ment is written. All commissions are issued in the name 
and by the authority of the Commonwealth of Pennsylvania, 
are signed by the Governor, and sealed with the great seal 
of the State (100). 



Obverse 


Reverse 



CHAPTER XI 

OTHER STATE OFFICERS: STATE BOARDS 

171 How Appointed: Names. —Many other offices 
have been created by law and are filled through appoint¬ 
ment by the Governor, with the advice and consent of the 
senate. The most important of these officers are:—ad¬ 
jutant-general, State librarian, factory inspector, super¬ 
intendent of public grounds and buildings, superintendent 
of public printing and binding, commissioner of banking, 
insurance commissioner, highway commissioner, commis¬ 
sioner of forestry, commissioner of fisheries, chief of the 
department of mines, and mine inspectors. 

The duties of these officers are, perhaps, sufficiently ex¬ 
plained by their official titles. A few facts in regard to 
some of the special duties are here given. 

172. Adjutant-General. —This officer is the Gover¬ 
nor’s chief of staff, and his military executive officer. He 
is the chief inspector of the National Guard of the State, 
and is the keeper of the military records of the Common¬ 
wealth. He has charge of all the battle-flags belonging to 
the State, and is also custodian of the war records and 
muster rolls. He is a member of the State military board. 

173. Militia and the National Guard. —All male 
citizens of the State between the ages of 18 and 45 years, 
except such as are by law exempt from such service, 
constitute the militia of the State. The term National 
Guard is applied to such part of this body of men as is 


OTHER STATER OFFICERS 


83 


organized, drilled, and under arms. In time of war such 

troops often form an important part of the volunteers 

mustered into the service of the United States.. As at 

« 

present organized, the National Guard consists of one 
division composed of three brigades. The commanding 
officers are a major-general and three brigadier-generals. 
The State has about ten thousand officers and men in the 
National Guard, while the militia number close to a 
million men. The State constitution directs that the free¬ 
men of the Commonwealth be armed, organized, and 
disciplined for its defense when, and in such manner as 
the laws may direct. The General Assembly shall pro¬ 
vide for maintaining the militia by appropriations from 
the treasury, and may exempt from military service persons 
having conscientious scruples against bearing arms (167). 

174. State Librarian. —This official has principal 
charge of the State library. He must be a person of known 
literary and bibliographic attainments. He receives two 
hundred copies of each of the public documents of the 
Commonwealth, and is required to maintain a system of ex¬ 
change with other States, and with such foreign countries 
as grant an international exchange to the reciprocal 
advantage of all concerned. 

The State library at present contains about 120,000 
volumes divided into three classes: State papers, law, 
miscellaneous w y orks. Each department is quite general 
and complete. 

175. Factory Inspector. —The factory inspector has 
for his duties the enforcement of the acts of the General 
Assembly relating to the health and safety of women and 
children employed in mercantile industries and manufactur¬ 
ing establishments. He sees that no minors are employed 
at labor in such places more than sixty hours in any week; 
that no child under thirteen years is employed in such 


8 4 


THE AMERICAN CITIZEN 


establishments at all; that all machinery, belts, pulleys, 
and shafts are properly guarded; that all sanitary arrange¬ 
ments are suitable; that ljieans of escape in case of fire are 
sufficient; and that over-crowding and non-ventilation of 
work-rooms are prevented. 

176. Superintendent of Public Grounds and 
Building’s. —This official has charge of the Capitol build¬ 
ings and grounds. He sees that all repairs and improve¬ 
ments are properly made, and employs the laborers required. 
He enforces good order in the buildings and on the 
grounds, by means of the Capitol police, of which force he 
has immediate charge. He is appointed for a term of four, 
years, and is the executive officer of the board of public 
grounds and buildings. 

177. Superintendent of Public Printing and 
Binding. —In order that the various reports and other 
public documents may be made serviceable, the State 
undertakes the printing and binding of such material. It 
is the duty of the superintendent to receive and take 
charge of all reports made to the Governor by the heads of 
departments, have the same printed by the State printer 
and delivered to the departments. He also arranges all 
matter ordered to be printed by the General Assembly, and 
supervises the printing of the same. He makes an annual 
report to the Governor. 

178. Commissioner of Banking.— This State officer 
is appointed by the Governor for a term of four years, and 
by the faithful discharge of his duties is able to secure the 
public against losses through the operations of banking 
institutions not under the inspection and control of the 
National government. He has charge of the faithful exe¬ 
cution of all laws relating to banks, banking companies, 
safe deposit, trust, real estate, guarantee, and surety com- 


OTHER STATE OFEICERS 


85 


panies, and all other corporations receiving money on de¬ 
posit and incorporated under the laws of the State. Neither 
he nor his deputy shall be interested as officer or stock¬ 
holder in any corporation subject to their supervision. 
Every corporation subject to the supervision of the com¬ 
missioner of banking must make at least two reports of its 
financial condition during each year. A summary of each 
report must be published at least three times in a local 
newspaper. 

179. Commissioner of Insurance. —It is the duty 
of the insurance commissioner to see that the laws relating 
to insurance are faithfully executed. Each insurance com¬ 
pany doing business within the State must file with the 
commissioner a copy of its charter, and an annual 
statement of its financial condition verified by the 
officers of the company. In addition to the require¬ 
ments named above, companies from other States and 
countries must obtain from the commissioner certificates 
granting permission to do business in the State (186). 

180. Department of Forestry. —This department 
was created by an act approved February 25, 1901, and 
has for its purpose the purchase and care of lands con¬ 
stituting State forestry reservations. Some of the duties 
which devolve upon the commissioner of forestry and his 
department are the selection and purchase of suitable lands 
for timber culture and protection; the establishing of a 
scientific system of forestry upon them whenever public 
sentiment shall approve of the necessary expenditures; the 
promotion and encouragement of care in the treatment 
of the forests of the State; and the publishing of informa¬ 
tion regarding the extent and condition of the forest lands 
in the State. 

The commissioner is appointed by the Governor for a 
term of four years, and receives a salary of $3000. 


86 


THE AMERICAN CITIZEN 


181. Department of Mines: Mine Inspectors.— 

The department of mines has superseded the bureau of 
mines and mining of the department of internal affairs. It 
is charged with the supervision of the execution of the 
mining laws of the State, and the publication and care of 
the annual reports of the mine inspectors. The chief of 
the department of mines is appointed by the Governor for 
a term of four years. He must have at least ten years’ 
practical experience as a miner and the qualifications of a 
mine inspector. 

The mine inspectors of the State are practical coal 
miners to whom the duty of inspecting the various mines 
of anthracite and bituminous coal is assigned. They must 
see that proper precautions are taken for the safety of the 
workmen, and that the laws regulating the manner of 
operating the mines are enforced. In the anthracite coal 
fields the mine inspectors are elected by the voters of each 
district, and there are three boards charged with the duty 
of passing upon the qualifications of the candidates. Each 
board consists of two mining engineers and three coal 
miners, appointed for this duty in the three districts of 
the anthracite region by certain judges of the courts of 
common pleas. In the bituminous region the Governor 
appoints the examining board, and selects the inspectors 
from certified lists presented by the examiners. 

Inspectors in the anthracite region are elected for three 
years, while those in the bituminous region hold office 
during four years. Each inspector must reside in the dis¬ 
trict for which he is appointed. 

182. Commissioner of Health. —The department of 
Health takes the place of the former State board of health, 
but the pow r ers are greatly increased. The management is 
in the hands of the commissioner of health and an advisory 


STATE BOARDS AND COMMISSIONS &7 


board. The commissioner must be a physician of at least 
ten years’ professional experience, and a graduate of a 
legally constituted medical college. He is appointed by 
the Governor for a term of four years, and by virtue of his 
office is a member of several important boards. 

182. Executive Boards and Commissions.— 
There are many boards and commissions charged with im¬ 
portant duties indicated sufficiently by the names given. 

1. BOARD OF PARDONS 

Lieutenant-governor 
Secretary of the Commonwealth 
Attorney-general 
Secretary of Internal Affairs 

2. BOARD OF PROPERTY 

Secretary of Internal Affairs 
Attorney-general 
Secretary of the Commonwealth 

3. STATE BOARD OF AGRICULTURE 
Governor 

Secretary of Internal Affairs 
Superintendent of Public Instruction 
Auditor General 
Secretary of Agriculture 
President of State College 
Other members are either appointed by the 
Governor or State Poultry Association, or 
elected by the various county agricultural 
societies. 

4. TRUSTEES OF STATE LIBRARY 
Governor 

Secretary of the Commonwealth 
Attorney-general 


88 


THE AMERICAN CITIZEN 


5. STATE MILITARY BOARD 

Adj utant-general 
Auditor-general 
State-treasurer 

6. BOARD OF REVENUE COMMISSIONERS 

Auditor-general 

State-treasurer 

Secretary of the Commonwealth 

7. COMMISSIONERS OF THE SINKING FUND 

Secretary of the Commonwealth 
Auditor-general 
State-treasurer 

8. MEDICAL COUNCIL 

Lieutenant-governor 
Attorney-general 
Secretary of Internal Affairs 
Superintendent of Public Instruction 
Presidents of the Boards of Medical Examiners 
Commissioner of Health 

9. COLLEGE AND UNIVERSITY COUNCIL 

Governor 

Attorney-general 

Superintendent of Public Instruction. 

Other members representing the Universities, 

Colleges, School Superintendents, and Normal 
Schools of the State. 

184. Notary Public. —A notary public is a State 
officer whose chief duty is to attest or certify deeds, agree¬ 
ments, and other documents, usually under his official seal, 
to make them authentic. Such seal is judicially recognized 
all over the world. He also administers oaths, protests 
negotiable notes, and takes depositions and affidavits. 


SALARIES OF STATE OFFICERS 


89 


The laws provides that the Governor shall appoint and 
commission a sufficient number of persons of known good 
character, integrity, and ability as notaries public for the 
Commonwealth of Pennsylvania. The term of office is 
four years. 

The salary of a notary public consists of fees fixed by 
law. He must pay twenty-five dollars to the State 
treasurer before a commission as notary public can be 
received. 

185. Salaries of State Officers.—The salaries of 
some officers are here given as paid at present (1906). 

Governor.$10,000 

Lieutenant-governor... 5,000 

Secretary of the Commonwealth. 8,000 

Attorney-general. 12,000 

Auditor-general. 4,000 

Treasurer. 8,000 

Secretary of Internal Affairs. 4,000 

Superintendent of Public Instruction. 4,000 

Adjutant-general. 4,000 

Secretary of Agriculture. 3,500 

Commissioner of Banking. 6,000 

Commissioner of Fisheries. 3,000 

Commissioner of Forestry. 3,000 

Highway Commissioner. 5,000 

Insurance Commissioner.... 6,000 

Dairy and Food Commissioner. 2,500 

Private Secretary to the Governor. 2,500 

State Librarian. 2,500 

Commissioner of Health. 10,000 

State Veterinarian. 2,500 

Secretary of Committee on Lunacy. 3,000 

Factory Inspector. 5,000 
























90 


THE AMERICAN CITIZEN 


General Agent of Board of Charities. $3,000 

Economic Zoologist. 2,500 

Superintendent of Grounds and Buildings. 3,000 

Superintendent of Printing. 3,000 

Superintendent of State Police. 3,000 

Chief of the Department of Mines. 4,000 

Mine Inspectors. 3,000 

Chief Justice. 10.500 

Judges of the Supreme Court. 10,000 

Judges of the Superior Court. 9,000 

Judges of Common Pleas. 

Philadelphia . 8,500 

Allegheny County. 8,500 

Dauphin County. 7,500 

Districts with population over 90,000. 6,000 

(If the district has but one judge, he receives $1,000 
additional). 

All other districts. 5,000 

Judges of the Orphans’ Court receive the same 
salaries as are paid to the common pleas judges of 

the same county.(highest) $8,5t)0 

State Reporter of Supreme Court. 3,000 

Certain officers receive extra compensation through 
additional duties which by law devolve upon their offices. 
Thus the lieutenant-governor really receives $5,500, the 
auditor-general $5,200, the State treasurer $9,200, the 
adjutant-general $4,600, and the secretary of internal affairs 
$4,500. Members of the Legislature are paid only every 
alternate year, since sessions come but once in two years. 




















CHAPTER XII 

THE JUDICIARY (I) 

186. The Judicial Power. —The judiciary is that 
branch of government in which the judicial power is 
vested. Its business is to determine what the law is; to 
apply it to cases where persons make conflicting claims to 
rights; to determine whether the law has been broken by 
persons accused of crime; to pronounce sentence upon such 
persons as have been found guilty and fix the measure 
of damage and punishment; and to order that the decisions 
be carried into effect. 

187. Courts of Justice. —Without some power de¬ 
signed to decide disputes, to award justice, and to punish 
crime according to the laws of the State, government 
would be very imperfect, and could not long exi§t. If 
every man were his own judge in case of supposed injury, 
and were allowed to redress his own wrongs, the rights of 
others would be endangered. Justice is best secured to all 
by the establishing of courts of justice, or bodies of persons 
assembled by the authority of law for the administration of 
justice. In order that no person may suffer unjustly, it is 
provided that every person charged with crime or any 
other wrong, is entitled to a fair and impartial trial. In 
the eyes of the law a person is entitled to be considered 
innocent until conclusively proved to be guilty. 

188. Trial by Jury. —The administration of justice 
in the courts of law is not left entirely to justices and 
judges. Trial by jury has been for centuries one of the 


92 


THE AMERICAN CITIZEN 


most jealously guarded rights of the people. This is the 
great guarantee of a just decision as to facts. The Magna 
Charta , wrung from the unwilling hands of King John at 
Runnymede in 1215, dealt with the rights of the English 
people at large: their right to good government, their right 
to security of person and property, their right to justice. 
One memorable article that lies at the base of the whole 
judicial system reads: “No freeman shall be taken, or 
imprisoned, or disseized, or outlawed, or banished, or any 
ways destroyed; nor will we pass upon him, nor will we 
send upon him, unless by the lawful judgment of his 
peers or by the law of the land” (10). Established here 
by our ancestors, this right of trial by one’s peers has come 
to mean a trial by an impartial jury. The State constitu¬ 
tion (7) says that trial by jury shall be as heretofore, and 
the right thereof remain inviolate. 

189. The Jury. —A jury is a number of men qualified 
and selected as the law prescribes, and sworn to decide 
what are the facts in any case, and to declare the truth on 
the evidence given. It renders its verdict, after hearing 
the evidence of the witnesses. The term verdict is from 
verum dictum , “a true saying.” A jury trial is of less im¬ 
portance as a guarantee that justice will be done in civil 
cases than in criminal cases where life and liberty are im¬ 
periled; so the constitution (127) allows the parties to a 
civil suit to dispense with trial by jury, and submit the 
decision to the court having jurisdiction. By the court is 
meant the judge or judges conducting the trial. The judg¬ 
ment rendered is subject to writ of error, as in other cases. 

The law provides for two kinds of juries, the grand jury 
and the petit jury. 


THE JUDICIAL DEPARTMENT 


93 


190. The Grand Jury. —In criminal cases the law 
takes special precautions lest innocent persons should 
suffer wrong. The grand jury may indict the accused 
person; if this is done, a petit jury tries him. The grand 
jury deals only with criminal cases, and decides which of 
these shall be brought before the court. The grand jury 
consists of twenty-three men from a panel of twenty-four 
summoned for duty. The court appoints one juror as 
foreman; and excuses one juror to avoid ties. The judge, 
on empaneling a grand jury, charges it to inquire into the 
offences against the laws of the State, and to report its 
findings. By means of a preliminary hearing of evidence 
presented by the Commonwealth, that is, the evidence 
against the accused, the grand jury determines whether 
the persons arraigned for crimes on suspicion shall be tried 
or dismissed without trial. The jury sessions are secret, 
no one else but the district attorney and witnesses being 
allowed to be present at its sessions. Only one witness 
against the accused is allowed before the grand jury at one 
time. The mode of procedure is very deliberate, and the 
jury must first decide that a crime has in all probability 
been committed. If a case is made out against the accused, 
the foreman endorses the bill of indictment, and it becomes 
“A true bill.” If not already arrested, the person named 
is taken into custody. When the evidence is not judged 
sufficient to warrant trial, the bill is endorsed “Not a true 
bill,” and the accused, if already arrested, is released. 
Twelve members of the grand jury must concur in any in¬ 
dictment found. Sometimes a written accusation is .pre¬ 
sented by the grand jury upon its own motion, that is, 
without waiting for a bill to be framed and presented by the 
district attorney. Such a formal accusation is called a 
presentment. There are three ways in which one suspected 


94 


THE AMERICAN CITIZEN 


of crime may be accused formally of the offence: by in¬ 
formation, by indictment by a grand jury, and by present¬ 
ment. The information is a written accusation, presented 
under oath by a prosecutor, to the court having jurisdiction 
of the offense charged therein. It is the form of accusa¬ 
tion used in cases of small magnitude, although in some 
States it is used almost to the exclusion of every other. 

Certain duties of a supervisory nature are performed by 
the grand jury; these are the annual inspection of the 
prison, poor-house, courthouse, and other public buildings 
of the county, and the approval of the location of county 
bridges. 

The grand jury does not try cases, but merely makes in¬ 
quiry into them. Why then is it necessary to the course 
of justice? The grand jury is instituted to protect inno¬ 
cent persons from the trouble and expense of defending 
themselves in court against false accusations. It has been 
claimed that this protection is not always afforded; yet 
grand juries do not often indict persons unless there is 
strong probability of the accused being found guilty on 
trial. The fifth amendment to the Constitution of the 
United States expressly provides for the institution of 
grand juries. See also (11) in the State constitution. 

191. The Petit Jury. —This is the jury which is to 
discover and pass upon the facts in a case at law. In any 
single case in law it consists of twelve men, all of whom 
must agree in a verdict. After hearing the evidence, the 
pleas of the attorneys, and lastly the charge of the judge, 
the jury retires to a room and makes up its verdict without 
consultation with any person but the judge. In criminal 
cases the verdict is “Guilty” or “Not Guilty”; and in 
cases of misdemeanor where the verdict is “Not Guilty”,, 
the costs may be placed upon the defendant, the prosecutor, 


THE JUDICIAL DEPARTMENT 


95 


or the county, or they may be divided in such manner as 
the jury may deem proper. If the jury cannot agee upon 
a verdict, it is called a ‘ ‘hung’ ’ jury, and a new trial before 
a different jury must be ordered. 

In civil cases the mode of procedure is very similar. 
Verdicts take the form “For the plaintiff,” or “For the 
defendant.” In those cases wherein damages are awarded 
the jury fixes the amount. 

192. Drawing the Jury Panels.—The manner of 
selecting the grand and petit jurors is prescribed by law. 
The jury commissioners of each county, and the president- 
judge of the district., or the associate judge of the county 
if not a district by itself, meet at the county .seat at least 
thirty days before the first term of the court of common 
pleas each year and select alternately from the list of 
qualified voters a certain number of names. These are 
written on slips of paper and locked up in the jury-wheel, 
the key being given to the sheriff. On an order, issued by the 
prothonotary to the sheriff and jury commissioners before 
any term of the court of common pleas, the names of the 
number of persons who are to serve as jurors are drawn 
from the jury-wheel. The number of petit jurors drawn 
is usually from forty to sixty. The persons are then 
summoned by the sheriff to appear in court, and the panel 
of names is returned to the prothonotary. 

In a similar manner the clerk of the court of quarter 
sessions and of the court of oyer and terminer, under 
the direction of the courts, issues a writ to the sheriff 
and the jury commisioners to draw and summon a grand 
jury, and also petit jurors to act in such cases as are to be 
brought before these courts. 

A juryman receives compensation at the rate of two 
dollars a day during the time of his service. 


96 


THE AMERICAN CITIZEN 


193. Selecting the Jury for a Case. —In selecting 
the twelve jurors for a particular case, either side may 
object to a juror if he has already made up his mind, or is 
strongly predisposed, or is related to the accused, or, in 
cases of murder, he disapproves of the death penalty in case 
of conviction. Such objections to jurors are called 
challenges . Besides challenges for cause, each side is 
allowed a certain number of peremptory challenges for 
which no grounds need be stated. 

194. Employing Counsel: Witnesses. —It is usual 
for a man who is involved as a litigant to employ a lawyer 
to manage the case before the court, although it is lawful 
for any one to plead his own cause. After the selection of 
the jury by the counsel for the defendant and the counsel 
for the plaintiff or the prosecution, the witnesses 
are examined and cross-examined. The counsel on 
each side examines the witnesses that he brings 
in behalf of his client, and cross-examines those 
brought to the witness stand by the other side. After 
the evidence is all in, the council for the plaintiff or the 
prosecution presents his side of the case to judge and jury 
in an address called an argument. The counsel for the 
defense follows. The judge’s charge to the jury sums up 
briefly the history of the case as presented in court, and 
instructs the jurors as to the law applied to the case before 
them. It will be seen that the judge’s charge is a very 
important element in the determination of the verdict. The 
jury may return to the judge for further instruction upon 
any points in regard to which they may be in doubt. 

Witnesses are summoned to appear in court by a legal 
writ called a subpoena—that is, “under a penalty” in case 
of disobedience or contempt. In all criminal prosecutions, 
the accused has the right to have compulsory process for 
obtaining witnesses in his favor (10). 


THE EXECUTIVE DEPARTMENT 


97 


195. The Appeal. —If the defeated person in a suit 
still thinks that he has a good case, or that errors have 
been made in the trial, he may through his counsel apply 
for a new trial. If this is granted, it proceeds before a 
new jury in the same manner as when first tried. If a 
new trial is refused, he may appeal to a higher court. The 
supreme court is the highest State court to which any citi¬ 
zen can appeal. 

In a criminal case, if the verdict be “Not guilty”, the 
prisoner is at once released. The State has no right of 
appeal. 

196. Judgment and Sentence. —When the verdict of 
the jury has been given, the decision of the court soon fol¬ 
lows. In a civil case this is called the judgment , and in a 
criminal case the sentence. The person obtaining a judg¬ 
ment may cause the personal property and, if necessary, 
the real property of the adjudged person to be seized and 
sold by the sheriff to the amount of the judgment obtained. 
If found guilty in a criminal case, the person is sentenced 
to undergo the penalty of the law. A prisoner may appeal 
to the Governor for pardon, or respite, or commutation of 
sentence. The carrying out of the sentence imposed is the 
execution. The term is applied to the lawful infliction of 
the death penalty; but it is also lawfully employed to name 
the writ empowering an officer to carry any judgment into 
effect. 


CHAPTER XIII 

THE JUDICIARY (II) 

197. Wherein the Judicial Power is Vested.— 

The judicial power of the Commonwealth is vested (101) in 
a supreme court, a superior court, in courts of common 
pleas, courts of oyer and terminer and general jail delivery, 
courts of quarter sessions of the peace, orphans’ courts, 
magistrates’ courts, and in such other courts as the General 
Assembly may from time to time establish. The superior 
court named in order above was established by the General 
Assembly in 1895 through the exercise of the power con¬ 
ferred by the constitution. 

198. Jurisdiction Defined. — In its most general 
sense, jurisdiction is the power to make, declare, or apply 
the law. It may be limited to place or territory, to per¬ 
sons, or to particular subjects. When used in regard to 
the judiciary department, it means the judicial authority 
over a cause or class of causes. It is the legal pow r er, 
right, or authority, of a particular court to hear and deter¬ 
mine causes, to try criminals, or to execute justice. A 
court of justice is said to have original jurisdiction when a 
case may be begun or originated in that court. The de¬ 
cision or judgment of any court of justice, except the high¬ 
est in the system, is not necessarily final. Many cases 
tried in the lower courts, as courts of original jurisdiction, 
may be appealed to the higher courts for reconsideration. 
The higher courts, under such circumstances, are said to 


THE JUDICIAL DEPARTMENT 


99 


exercise appellate jurisdiction, the case being brought to 
the higher court by appeal. The law defines the grade of 
court or courts in which a case may originate; and also de¬ 
termines whether or not a case may be appealed to a higher 
court. The law provides that some classes of cases may 
originate in either of two grades of courts. Such courts 
are said to have concurrent jurisdiction. 

199. Justices’ Courts. —The courts of lowest grade in 
jurisdiction and simplest in procedure are the justices’ 
courts, presided over by justices of the peace, burgesses, 
aldermen, magistrates, and mayors. These courts are dis¬ 
cussed more at length under their respective headings under 
township, borough, and city governments. 

200. County Courts. —Counties were organized from 
the first on the general plan of judicial districts, although 
each county is not necessarily a separate district; yet each 
county has its own courts. Under the laws of the Com¬ 
monwealth, the county courts have wide original jurisdic¬ 
tion over nearly all civil and criminal cases that arise in the 
course of the affairs of life. Their appellate jurisdiction 
extends over the greater part of the petty cases over which 
the justices’ courts exercise original jurisdiction. 

Courts of common pleas, of quarter sessions of the peace, 
of oyer and terminer and general jail delivery, and 
orphans’ courts, are held regularly in each county seat, 
and are conducted in large part by county officers. The 
court of common pleas exercises jurisdiction in all civil 
cases. The terms of the two criminal courts—oyer and 
terminer, and quarter sessions of the peace—are identical; 
they have the some officers and jurors,- and differ only in 
the nature or degree of the cases brought before them. The 
court of oyer and terminer—“to hear and to determine”— 
has jurisdiction in cases of murder, forgery, robbery, burg- 


IOO 


THE AMERICAN CITIZEN 


lary, arson, and other grave crimes. The court of quarter 
sessions of the peace exercises jurisdiction in cases of petty 
crimes, such as theft, assault and battery, etc. The or¬ 
phans’ court settles the estates of deceased persons, and has 
jurisdiction over the estates of orphans and other wards. 
The terms of the several courts usually begin at the same 
time and are held by the same judges (109). In large 
counties the terms of orphans’ court are arranged for inde¬ 
pendently, but elsewhere they are held in connection with 
the other courts. 

201. Juvenile Courts. —Under the act of May, 1901, 
judges of the county courts may establish juvenile courts in 
which cases with a criminal tinge, involving children under 
sixteen years of age as culprits, may be considered. An 
order is made by the courts of oyer and terminer and the 
courts of quarter sessions naming one or more judges of 
their number to preside over children’s court, and designa¬ 
ting the place for the trial of cases. The law is intended 
to dissociate the trial of children from those of adults for its 
moral effect. Besides providing for court proceedings against 
children, the juvenile court has power to regulate the treat¬ 
ment and control of unfortunate children. A prominent 
feature of these courts is found in the probation officers 
who aid the court officers in investigating the cases which 
arise. Their duties are numerous, and in criminal cases 
these officers look after the children and take the place of 
the sheriff. The detention of children in jails or prisons 
where adults are confined is forbidden. Actions concerning 
children are brought directly before these courts, and not 
before magistrates. Any responsible person may enter ju¬ 
venile court and report the condition of neglected children. 
The court is empowered to take children from their homes 
and place them in charitable institutions. Women interested 


THE JUDICIAL DEPARTMENT 


101 


in charitable work are often appointed probation officers. 
One difficulty found in the work of these courts is the lack 
of any provision for places of detention. Notwithstanding 
its defects the law establishing these courts has amply 
proved its usefulness, and it will continue to be the means 
of dealing with young offenders in a manner calculated to 
prove beneficial to them and to the Commonwealth. The 
methods which these courts provide are a great improvement 
upon those formerly used in such cases. 

202. Judicial Districts. —The State constitution pro¬ 
vides (105) that whenever a county contains 40,000 or more 
inhabitants it shall constitute a separate judicial district, 
and shall elect one judge learned in the law; and the Gen¬ 
eral Assembly shall provide for additional judges as the 
business of the. district may require. Under this provision 
most of the counties form separate judicial districts. Coun¬ 
ties containing a population less than is sufficient to consti¬ 
tute separate districts are formed into convenient single dis¬ 
tricts, or, if necessary, may be formed into joint districts of 
two or more counties in each (104). 

The present judicial districts were established by the act 
of apportionment of 1901; the number of judges to be elect¬ 
ed in each district is also therein stated. There are fifty-six 
districts. The city and county of Philadelphia constitutes 
the first district; it has fifteen judges in the common pleas, 
and four in the orphans’ court. The county of Allegheny 
forms the fifth district, and has nine judges in the common 
pleas and three in the orphans’ court. Three districts have 
three judges in the common pleas and one judge in the or¬ 
phans’ court. Four districts have two judges in common 
pleas and one judge in orphans’ court; seven districts have 
two judges for all courts. The other districts have one 
judge each. As to territory, seven districts are composed 


102 


THE AMERICAN CITIZEN 


of two counties each, and two districts of three counties 
each; in all other cases the county is the judicial unit. 

203. County or District Judges. —The judges of 
county courts are elected by the qualified voters of the en¬ 
tire judicial district at the general election on the Tuesday 
next after the first Monday in November. They enter 
upon their duties on the first Monday in January next after 
their election. Judges are commissioned by the Governor 
and take the oath of office (132) required of all judicial, 
State, and county officers. The president-judge of a dis¬ 
trict is the one whose commission expires at the earliest 
date. But when two or more judges are elected at the same 
time in any district (117), they determine by lot which 
shall be president-judge; unless the president-judge is re¬ 
elected, in which case he continues as president-judge of 
that court. Judges are elected for a term of ten years, and 
hold office during that time unless removed through mis¬ 
behavior (115). Casual vacancies are filled by appoint¬ 
ment made by the Governor (125). The regular salary of 
a county judge, in a district of less than 90,000population, 
is $5,000; in Philadelphia, $8,500; in Allegheny county, 
$8,500; in Dauphin county, $7,500; in districts having over 
90,000 inhabitants and less than 500,000, $6,000; and in 
the same districts, if there be but one judge, he shall re¬ 
ceive an additional $1,000. During their continuance in 
office, judges must reside within the districts for which 
they are elected (119). Mileage is allowed for all neces¬ 
sary travel. 

204. Duties of County Judges. —The duties of a 
judge are numerous, and call for superior qualifications and 
abilities. His chief duty is to preside at the trial of civil 
and criminal cases. He must see that the trial is impar¬ 
tially conducted; must hear the evidence, and decide the 


THE JUDICIAL DEPARTMENT 


103 


points of law raised during the trial; and deliver the charge 
to the jury with instructions as to the making up of the 
verdict. Judges are not to charge juries with respect to 
matters of fact, but may state the testimony and declare 
the law. 

Among the other duties are the declaring of judgments, 
the sentencing of convicted persons, the granting of peti¬ 
tions, the holding of juvenile court, the appointment of 
probation officers, the removal of certain officials, the issu¬ 
ing of naturalization papers, the staying of executions, and 
the chartering of corporations not for profit; also the issu¬ 
ing of writs of injunction, certiorari (110), mandamus , quo 
warranto , and habeas corpus. 

205. Associate Judges. — Counties with less than 
40,000 inhabitants may be formed into joint judicial dis¬ 
tricts of two or more counties each. Each of the counties 
forming such a district has two associate judges not learned 
in the law. These men need not be, and generally are not, 
lawyers. The district elects one judge learned in the law, 
who is the president-judge, and who holds court in the 
counties of his district in turn. Associate judges have the 
same powers as the president-judge, but rarely exercise any 
but a few of them. They administer oaths, grant licenses, 
establish new roads,, issue writs of habeas corpus , stay writs 
of execution, and conduct similar judicial business. Since 
they reside in their respective counties, their services are a 
convenience during the absence of the president-judge. I11 
court they are mainly advisory members on the bench. Be¬ 
ing citizens of the county, they know the people and the 
needs of the county. The term of office of associate judges 
is five years, and their salary is five dollars per day when 
actually engaged in the performance of their official duties. 
The proper basis of salary is the time of their attendance at 
court. 


104 


THE AMERICAN CITIZEN 


206. Recording Officers of Courts. —Certain county 
officers, whose duties are noticed under the discussion of 
the county government, are charged with the duty of pre¬ 
paring and preserving the records of the courts, in order 
that the matter may be preserved for future reference and 
use in appeals and dther legal business. The recording 
officers are the prothonotary and the clerk of the courts. 
Justices’ courts, not being courts of record, have no clerks; 
but the justice keeps a docket. 

207. Ministerial Officers. —Other officers of the courts 
have for their duty the performance of certain work of a 
ministerial nature, such asHhe serving of writs, the sum¬ 
moning of witnesses, the execution of orders, etc. The 
sheriff is the chief ministerial officer of all the county 
courts. Minor ministerial officers are the court crier, who 
proclaims the orders and the directions of the court; also 
the tip-staff, a constable who preserves order and may per¬ 
form the duties of court crier. In justices’ courts, the 
ministerial officers are the township, borough, ward, or city 
constables or policemen. 

208. The Higher Courts .—The judicial department 
is the proper organ for interpreting and construing the laws 
of the State. When disputes arise concerning the meaning 
of a law in special cases, or doubt whether a law is consti¬ 
tutional or not prevails, appeal must be made from a lower 
court to a higher court. Such higher courts may have both 
original and appellate jurisdiction, civil and criminal; but 
the original jurisdiction is generally very small. By estab¬ 
lishing the supreme court, the State constitution provides 
directly for a court of final appeal; but it confers upon the 
General Assembly (101) the power to establish additional 
courts whenever the necessity shall arise. In 1895, for the 
purpose of relieving the supreme court of a part of its large 


THE JUDICIAL DEPARTMENT 


105 


business, the superior court was established as a court of in¬ 
termediate appeal between the county courts and the su¬ 
preme court of the State. The wisdom of this action is 
abundantly borne out in the resulting facility with which 
the judicial business of the Commonwealth is accomplished. 
The judicial power of the State now begins in the justices’ 
courts and ends in the superior court or in the supreme 
court. 

209. The Superior Court. —This court consists of 
seven judges elected by the qualified voters of the State. 
The term of office is ten years, and begins on the first Mon¬ 
day of January after the election. When two or more 
judges of the superior court are to be elected for the same 
term of service, each elector may vote for as many persons 
less one as there are judges to be chosen at that election. 

The jurisdiction of the superior court is almost wholly 
appellate, the sole evidence of original jurisdiction being 
the power to issue writs of habeas corpiis. The court has 
exclusive and final appellate jurisdiction in all cases of ap¬ 
peal from the courts of quarter sessions—a judge of the su¬ 
perior court consenting—except cases in which the right to 
public office is involved; also, under the same condition, all 
cases of appeal from the courts of oyer and terminer, ex¬ 
cept murder (124). In civil matters, its jurisdiction is ex¬ 
clusive and final when the amount is not greater than $1000, 
except cases brought officially by the attorney-general, or 
those which relate to public officers. However, there may 
be an appeal from the superior to the supreme court in any 
case in which the jurisdiction of the superior court is ques¬ 
tioned; or the construction and application of the State 
constitution is involved; or the Constitution of the United 
States or its statutes involved; or any case which the su¬ 
preme court will permit to be brought on appeal before that 
tribunal. 


io6 


THE AMERICAN CITIZEN 


The superior court sits at Philadelphia, Pittsburg, Har¬ 
risburg, Scranton, and Williamsport, at least once a year 
in each city. It has five prothonotaries. The chief judge 
of the superior court is the one who has been longest in 
commission. The salary of the judges is $9,000 per an¬ 
num. 

210. The Supreme Court. —The court of final appeal 
is the supreme court (102). The State constitution pro¬ 
vides that this shall consist of seven judges who shall be 
elected by the qualified voters of the State at large. They 
shall hold their offices for the term of twenty-one years, if 
they so long behave themselves well, but shall not be again 
eligible. The term of office commences on the first Mon¬ 
day of January next succeeding the election, and the Gov¬ 
ernor commissions accordingly. Whenever two judges of 
the supreme court are to be chosen for the same term of 
service, each voter shall vote for one only, and when three 
are to be chosen he shall vote for no more than two; can¬ 
didates highest in vote shall be declared elected (116). Pri¬ 
ority of commission in such cases is determined by lot (117). 
The judge whose commission shall first expire shall be 
chief-justice (102). During their continuance in office, the 
judges of the supreme court must reside within the Com- 

- inonwealth (119). 

The salary of the chief-justice is $10,500 a year, and that 
of the other judges of the supreme court is $10,000. They 
can receive no other compensation, fee, or perquisite of 
office (118). 

211. Jurisdiction of the Court. — The territorial 
jurisdiction of the supreme court is co-extensive with the 
State. By virtue of their offices, the judges are justices of 
oyer and terminer and general jail delivery in every county 
in the State, and could hold such court in any of its coun- 


THE JUDICIAL DEPARTMENT 


107 


ties (103). The original jurisdiction of the court is rela¬ 
tively small and relates to cases of injunction where a cor¬ 
poration is a defendant, of habeas corpus , of mandamus to 
courts of inferior jurisdiction, and of quo warranto as to all 
officers of the Commonwealth having jurisdiction extending 
over the State. The court has appellate jurisdiction by ap¬ 
peal, certiorari , or writ of error in all cases, as is now or 
may hereafter be provided by law (103). An appeal to the 
supreme court may be made by either party to a civil suit. 
I 11 order to check numerous and unnecessary appeals in 
criminal cases (124), the defendant must first obtain per¬ 
mission from one of the judges of the'supreme court before 
the case can be appealed to that tribunal. 

When we consider the State courts as a system, commenc¬ 
ing with the lowest and ending with the supreme court, it 
is found that their jurisdiction both civil and criminal is 
unlimited in so far as State law is concerned. There is no 
appeal from the decisions of the State courts to the United 
States courts, except in cases in which some point in Fed¬ 
eral law arises. In some cases the State courts have con¬ 
current jurisdiction with the United States courts; but 
whenever the State courts have such jurisdiction, it is con¬ 
trol which the State possesses in its own right, independent 
of the Constitution of the United States. 

212. The Case on Appeal. —The manner of trial of 
a case on appeal to either the superior court or to the 
supreme court differs entirely from the original method of 
procedure before the county courts. None of the witnesses 
are present, nor is there any jury. No new evidence is 
admitted. The records of the lower courts, and the pro¬ 
ceedings in the case are presented in printed form for ex¬ 
amination. The court reviews the case as thus presented, 
considers the arguments of the lawyers, made orally or sub- 


io8 


THE AMERICAN CITIZEN 


mitted in the form of briefs, and then renders its decision. 
This must consist of the opinions of a majority of the 
judges of the court. These decisions are final, except 
where the Constitution or laws of the United States are 
concerned, and become the law for all subsequent cases of 
the same kind so long as they are not reversed. The re¬ 
ports of the decisions of the supreme court are second only 
to the acts of the General Assembly in importance to those 
who would know the State laws. The decisions are care¬ 
fully compiled by the State reporter of the supreme court, 
and are published by the State. 

The supreme court has three prothonotaries, and the State 
is divided into three districts, eastern, middle, and western. 
The court sits at Philadelphia, Harrisburg, and Pittsburg; 
these cities are the seats of justice respectively for the dis¬ 
tricts named. One term is held annually in each city. 

213, An Honorable Kecord. —The salaries paid to 
the judges of the several courts in Pennsylvania are much 
higher than the average salaries paid in other States. The 
terms of office are also longer; that of the judges of the su¬ 
preme court is the longest granted in any of the States of 
the Union,—the nearest approach to life-tenure. These 
facts have enabled the Commonwealth to secure the services 
of better men as judges, and the Bench of the State has not 
been scandalized as elsewhere in the country. The roll of 
judges has within the past included men who would do 
honor to any court in any country. 


CHAPTER XIV 


IMPEACHMENT AND REMOVAL: 

OATH OF OFFICE 

214. Origin of Impeachment. —The provisions for 
the impeachment of public officers come from the custom 
which prevails in England. Since the times of Edward 
III. and Richard II., the House of Commons has occasion¬ 
ally exercised the power of impeaching the king’s ministers 
and other public officers. One of Richard’s ministers was 
impeached for corruption in office, and was convicted, al¬ 
though the king had declared previously that he would not, 
at the prayer of Parliament, dismiss even a scullion from 
his kitchen. To-day, the king’s ministers are responsible 
to Parliament for their administration of office. 

215. The Power to Impeach: Of Trial. —In the 
Commonwealth of Pennsylvania, the house of representa¬ 
tives has the sole power of impeachment (128), and the 
senate has the sole power of trial of the cases which arise 
(129). When sitting for that purpose, the senators shall 
be upon oath or affirmation. In order to guard against the 
use of impeachment for political purposes, a two-thirds vote 
of all the members present is required for conviction. In 
case of conviction, the judgment cannot extend beyond re¬ 
moval from office and disqualification to hold any office of 
trust or profit under the Commonwealth; but whether ac¬ 
quitted or convicted, the person is still liable to be tried and 
punished by the ordinary processes of law (130). 

The Governor and all other civil officers shall be liable to 
impeachment for any misdemeanor in office. 


no 


THE AMERICAN CITIZEN 


216. Removal from Office. —All officers shall hold 
their offices on condition that they shall behave themselves 
well while in office, and shall be removed on conviction of 
misbehavior in office or of any infamous crime. Appointed 
officers, except judges of the courts of record and the super¬ 
intendent of public instruction, may be removed at the 
pleasure of the appointing power (131). 

217. Oath of Office. —Senators and representatives, 
(132), and all judicial, State, and county officers must take 
the oath of office prescribed by the State constitution before 
entering upon their duties. It is administered by some per¬ 
son authorized to administer oaths. The oath is adminis¬ 
tered to members of the senate and house of representatives, 
by a judge of the supreme court or of a court of common 
pleas, in the hall of the house to which the members are 
elected. The oath of a State officer or of a judge of the su¬ 
preme court is filed in the office of the secretary of the 
Commonwealth; and in the case of other judicial and 
county officers, the oath is filed in the office of the prothon- 
otary of the county wherein it is taken. Violation of the 
oath of office is perjury. 

218. Public Officers. —All officers, whose selection is 
not provided for in the constitution, shall be elected or ap¬ 
pointed as may be directed by law (168). 

No member of Congress, nor any person holding or exer¬ 
cising any office under the United States can, at the same 
time, hold or exercise any remunerative office in this State 
(169). The Legislature may declare certain offices incom¬ 
patible, as, for example, the office of judge and notary 
public. 

Dueling disqualifies a person from holding public office, 
and he may be otherwise punished (170). 


CHAPTER XV 

SUFFRAGE AND ELECTIONS 

219. Who may Vote. —The Constitution of the United 
States leaves to the different States the power to define the 
conditions upon which a person shall exerci.se the right to 
vote, called the right of suffrage , except that it expressly 
provides that the right of citizens of the United States to 
vote shall not denied or abridged on account of race, color, 
or previous condition of servitude. 

Under the constitution of Pennsylvania (133) there are 
three personal qualifications: 

The voter must be (a) of the male sex, (b) at least 21 
years of age, and (c) a citizen of the United States at least 
one month before the election. Aliens cannot vote, no 
matter how long they may have lived in the State. Women 
cannot vote, although they are eligible to any office of con¬ 
trol or management under the .school laws of the State (166). 
The ownership of property, and the ability to read and 
write are not necessary qualifications of an elector. Besides 
the three personal qualifications there are three others re¬ 
lating to (d) residence, (e) payment of taxes, and (f) reg¬ 
istration. 

220. Residence. —To have the right to vote, the per¬ 
son must have resided in the State at least one year next 
preceding the date of the election; but if, having previous¬ 
ly been a qualified voter or native-born citizen of the State, 
he shall have removed from the State and returned, then he 
must have been in residence six months immediately pre- 


I 12 


THE AMERICAN CITIZEN 


ceding the election. He must have resided in the election 
district where he shall offer to vote at least two months next 
preceding the election (133). 

22 1. Payment of Taxes. —If the elector is twenty-two 
years of age or upward, he must have paid, within two 
years, a State or county tax, which shall have been assessed 
at least two months, and paid at least one month, before 
the election. It is unlawful for any person or persons to 
pay or cause to be paid any occupation or poll tax assessed 
against any elector, except on the written and signed order 
of such elector authorizing such payment to be made. This 
order must be presented at least thirty days before the date 
of the election at which the elector desires to vote. 

Between the ages of twenty-one and twenty-two a young 
man may “vote on age,” that is, without having paid any 
tax. A man who has no real estate or other property tax¬ 
able by county or State votes on payment of his occupation 
tax, a small sum collected by the county on the voter’s oc¬ 
cupation or business. 

222. Registration. —Townships, and wards of cities 
or boroughs, form or are divided into election districts 
(143), and registry lists of the qualified voters are made. 
The duty of compiling this list devolves upon the assessor 
of the township or ward. This officer posts a copy of the 
list on the door of the house where the election for the dis¬ 
trict is held. Complairfts of errors are received, and correc¬ 
tions made. The revised lists are returned to the county 
commissioners, who put the names in alphabetical order 
and furnish two copies to the election boards of the proper 
district for use at the polls. One list is used by the inspec¬ 
tors of election who have charge of the ballots, to check off 
the names of voters as their ballots are furnished them; the 
other list is used to designate which persons have voted (136). 


SUFFRAGE AND ELECTIONS 


ii3 

These are called the ballot check list and the voting check 
list respectively. 

223. Privilege of Electors. — Except for treason, fel¬ 
ony, or breach or surety of the peace, voters cannot be ar¬ 
rested during their attendance at the polls, and in going to 
and returning therefrom. This provision of the constitution 
prevents corrupt misuse of legal process (137). 

224. Voting Room and Booths. —The county com¬ 
missioners must provide for each election district a room 
fitted up with a number of voting shelves or booths at which 
the voters may mark their ballots secure from observation 
by others. A guard-rail must also be .so constructed and 
placed that only the persons within the rail can pass within 
six feet of either the ballot box or the voting shelves; yet 
the ballot box and voting shelves must not be hidden from 
the view of persons just outside the guard-rail. 

225. Time of Elections. —Two election days are pro¬ 
vided for by the constitution. The general election is held 
annually on the Tuesday next following the first Monday of 
November. At this time are elected National officers, State 
officers, county officers, and officers elected by districts, such 
as judges and members of the General Assembly (134). 

Elections for township, borough, ward, city, and school 
district officers are held 011 the third Tuesday of February 
in each year (135). 

Polls open at seven o’clock in the morning and close at 
seven o’clock in the evening. 

226. Election Officers. — The officers forming the 
election board are chosen annually by the citizens. This 
board consists of a judge and two inspectors; and each in¬ 
spector appoints one clerk (146). Each elector has the 
right to vote for the judge and one inspector. Minority 
representation on the board is thus secured in general, al- 


THE AMERICAN CITIZEN 


114 

though it may happen that both inspectors may be chosen 
from one political party. These officers are sworn to con¬ 
duct the elections secretly and fairly, and may be severely 
punished if this is not done. 

The pay of election officers is three dollars and fifty cents 
for each election, without regard to time. 

227. Cannot be Arrested on Trivial Charges.— 
Election officers are privileged from arrest (146) upon days 
of election, and while engaged in making up and transmit¬ 
ting returns, except upon warrant of a court of record or 
judge thereof for an election fraud, for felony, or for wan¬ 
ton breach of the peace. 

228. The Ballot. —The constitution requires that all 
elections shall be by ballot (136) pr by such other method 
as may be prescribed by law; provided that secrecy in voting 
be preserved (Amendment No. 3). The essential features of 
a good method of balloting are that the voter, shall have 
every opportunity to select from all the candidates, free 
from solicitation, coercion, or bribery, the candidates of his 
choice; and that he may do this in private, and deposit his 
ballot without interference. 

These advantages are secured in Pennsylvania by the use 
of the “Baker Ballot,” a modification of the Australian bal¬ 
lot. The Ballot Reform Act of 1893 provides that all bal¬ 
lots cast in elections for public officers within the Common¬ 
wealth shall be only those prescribed by law and printed 
and distributed at public expense. The secretary of the 
Commonwealth prepares all forms and blanks, and furnishes 
copies to the county commissioners. The commissioners 
procure further copies at the cost of the county, and furnish 
them to the election officers or other persons by whom they 
are to be used, in such quantities as may be necessary. 
The names of all candidates for any office specified on the 


SUFFRAGE AND ELECTIONS 


ii5 

ballot are printed on one sheet of white paper which must 
not be less than six inches long and four inches wide. All 
the ballots used at the same voting place at any election 
must be alike. 

229. How the Names are Arranged. —The names 
of candidates for all offices, except President and Vice-Pres¬ 
ident, are arranged under the title of the office for which 
they are candidates in an order fixed by law. At the right 
of the name of each candidate the name of the party nomi¬ 
nating him is printed, and at the right of the party name 
there is a square of sufficient size to allow the convenient 
insertion of a cross-mark. At the end of the list of candi¬ 
dates there are also blank spaces wherein the voter may 
write the names of other persons for whom he may desire to 
vote. Whenever a constitutional amendment or other ques¬ 
tion is submitted to the vote of the people, it is printed after 
the list of candidates, and followed by the words “yes” and 
“no.” On the extreme left of the ballot, and separated 
from the rest by at least one-half inch, a list of the names 
of all the political parties represented on the ballot is print¬ 
ed, and a square for th£ insertion of a cross-mark is placed 
at the right of each party name. At the head of each bal¬ 
lot the following instructions are printed: “To vote a 
straight party ticket, mark a cross (X) in the .square oppo¬ 
site the name of the party of your choice, in the first col¬ 
umn.” “A cross-mark in the square opposite the name of 
any candidate indicates a vote for that candidate.” Other 
instructions how to mark,* and such words as “mark one,” 
“mark two,” and the like, may be printed upon the ballots. 
The intention of the law is to give each voter a clear oppor- 

*“The voter may insert in the blank space at the bottom ol each group, 
the name of any person whose name is not printed on this ballot, for whom 
he desires to vote.” 



THE AMERICAN CITIZEN 


116 

tunity to designate his choice of candidates by a cross-mark 
(X) in a .square of sufficient size at the right of the name 
of each candidate. The courts have no jurisdiction to di¬ 
rect what instructions the county commissioners shall or 
shall not give to voters as to marking ballots. 

When Presidential electors are to be chosen, the names 
are arranged in party groups, and at the head of each group 
of candidates are placed the appropriate party name and the 
surnames of the candidates of such party for President and 
Vice-President. At the right of the space containing the 
surnames of the candidates for President and Vice-Presi¬ 
dent, and their party name or political appellation, the usual 
square for the cross-mark is placed, and also at the right of 
the name of each candidate for Presidential elector. 

Every party, which at the election next preceding had 
two per cent, of the highest number of votes cast for any 
State office, may have its candidates on the ticket. Inde¬ 
pendent candidates may also have their names placed upon 
it by presenting nomination papers signed by one-half of 
one per cent, of the voters of the State for any State office; 
and, in case of any other office, by two per cent, of the 
highest number of votes cast for any office in the county, 
township, or other district for which the independent nom¬ 
ination is made. 

230. Provision for Mistakes. — Each voter is pro¬ 
vided with a ballot already folded. If he inadvertently 
spoil the ballot, he may obtain another by returning the 
spoiled one. Any ballots thus returned are immediately 
cancelled; and at the closing of the polls are placed in an 
envelope, sealed, and sent to the proper office as required 
by law in the case of the ballots cast. 

231. Specimen Ballots. — Copies of the form of the 
ballot provided are printed upon tinted paper, but without 


SUFFRAGE AND ELECTIONS 


ii 7 

the fac-simile endorsements seen upon the regular ballots. 
From these and from the printed instructions furnished, 
voters may learn how to mark their ballots.* 

232. Officers and Watchers. —In order that the voter 
may be free from all solicitation, coercion, or bribery, the 
election laws clearly specify the places which voters, officers, 
and watchers shall occupy in the voting room. 

Within the voting room, but outside the guard-rail, are 
the police officers, constables, and deputy constables re¬ 
quired by law to be at the polls. Each party or group of 
citizens having candidates up for election has the right to 
have three watchers appointed for each district. Only one 
such watcher for each party is allowed in the voting room 
at the same time, and then only outside the enclosed space. 
He must be provided with a certificate from the county 
commissioners, and is required to show it when requested 
to do so. No person when within the voting room is al¬ 
lowed to electioneer or solicit votes; nor can any written 
or printed matter for that purpose be posted up within the 
voting room. Not more than ten voters, besides the officers 
and watchers, are allowed in the room at any one time dur¬ 
ing the voting period. 

Within the guard-rail are the judge of election and the 
two inspectors who constitute the election board; also the 
clerks of election appointed by the inspectors (146). 

233. Manner of Voting. —Any person desiring to 
vote gives his name and residence to one of the election 
officers in charge of the ballots, who at once announces the 
name in a loud and distinct tone of voice. The inspector 
or clerk in charge of the ballot check list looks for the 
name, and, if it is found upon the list, he repeats the name 

*These specimen ballots? may be made useful aids to the teacher in the class¬ 
room in explaining the procedure in elections. 



THE AMERICAN CITIZEN 


118 

and the voter is admitted within the guard-rail unless his 
right to vote is challenged. 

As soon as the voter is admitted within the guard-rail, the 
election officer in charge of the ballots detaches a ballot from 
the stub, folds it so that only the words printed on the back 
are visible, and hands it to the voter. As soon as the ballot 
is thus given to the voter, the letter “B” is marked against 
his name on the margin of the ballot check list. The voter 
retires at once to one of the voting shelves or booths, draws 
the curtain or shuts the door, unfolds the ballot and without 
unnecessary delay shows his choice of candidates by mark¬ 
ing. If he wishes to vote a straight ticket, he makes a cross 
(X) in the appropriate square opposite the name of the par¬ 
ty of his choice in the straight party column on the left of 
the ballot, and such cross-mark is equivalent to a vote for 
every candidate of the party so marked. If he desires to 
divide his vote among candidates of two or more parties, he 
must mark in the appropriate square, opposite the name of 
each candidate for whom he may desire to vote. He may 
insert in the blank spaces provided therefor any name not 
already on the ballot. In case of a question submitted to 
the vote of the people, he places a cross (X) against the 
answer he desires to give-. A cross-mark in the straight 
party column counts as a vote for each Presidential elector 
nominated by that party, but if the voter desires to divide 
his votes among candidates from different groups, he must 
make a cross-mark to the right of the name of each elector 
for whom he wishes to vote. Before leaving the voting 
shelf, he folds the ballot without displaying the markings 
thereon, in the same way it was folded when received by 
him, and keeping the same so folded, himself deposits it in 
the ballot-box without undue delay, and immediately there¬ 
after retires from the enclosed space. The voter’s name is 


SUFFRAGE AND ELECTIONS 


119 

then checked with the letter “V” on the margin of the 
voting check list by the election officer having charge of 
this duty. 

234. ISTon - Registered Voters. — The constitution 
provides that no elector shall be deprived of the privilege of 
voting by reason of his name not being registered (139). 
The person thus claiming the right to vote must produce at 
least one qualified voter of the district to subscribe, under 
oath, that the claimant has resided in the district for two 
months immediately preceding the election (133); the claim¬ 
ant must also make oath or affirmation that he is a qualified 
voter under the required conditions. 

235. A Challenged Vote. —Although the name of a 
proposed voter may be on the list, any of the officers or any 
qualified citizen of the district may object to the admission 
of the vote. When the right of a person to vote is thus 
questioned, the vote is said to be challenged. The person 
whose right of suffrage is thus challenged must publicly 
make proof of his claims as required by law before his vote 
can be received. 

236. What Residence Means. —By the residence of 
a voter is meant his place of abode or his permanent home. 
For the purpose of voting, no person can gain a residence 
by remaining in a place for temporary purposes of business, 
pleasure, or education no matter how long he may prolong 
his stay. 

237. Registration in Cities. —The Legislature by the 
act of February, 1906, provides for the personal registration 
of voters in cities of the first and second classes, and makes 
such registration a condition of the right to vote at an elec¬ 
tion. The Governor appoints a board of registration com¬ 
missioners for each of such cities, consisting of four mem¬ 
bers not more than two of whom may be of the same politi- 


20 


THE AMERICAN CITIZEN 


cal party. These commissioners hold office for three years, 
or until their successors qualify. The board appoints, not 
later than August fifteenth of each year, four registrars for 
each election district. Not more than two of these can be 
of the same political faith. No public officer or candidate 
for such office can act as registrar. The registrars of each 
division meet at the polling place on the ninth Tuesday, 
seventh Tuesday, and fourth Saturday preceding every No¬ 
vember election, and on the fourth Saturday preceding every 
municipal election; and, in open session from seven o’clock in 
the morning until ten o’clock in the evening, receive per¬ 
sonal applications from persons claiming the right to be 
registered. Every person claiming the right to vote must 
appear in person before the registrars, in the election dis¬ 
trict in which he lives, before every general election, and 
answer the questions put to him by them. These answers 
are recorded in two registers, the size and character of 
which is determined by the secretary of the Commonwealth 
according to certain forms which the law specifies. Severe 
penalties are attached to fraudulent actions of either the 
registrars or voters in all matters pertaining to registration. 

In the act of March 1906, provision is made for personal 
registration in all cities of the third class. The county 
commissioners in which the city is located appoint two reg¬ 
istrars for each election precinct or ward, to serve for three 
years. The board of registrars shall be, as nearly as may 
be, evenly divided in political faith. The size and character 
of the registers used are determined by the county commis¬ 
sioners according to the forms set forth in the law. The 
process of registration is similar to that in the cities of the 
first and the second classes. Registrars are appointed not 
later than June fifteenth. They meet at the polling places 
on the ninth Tuesday, seventh Tuesday, and third Saturday 


SUFFRAGE AND ELECTIONS 


121 


preceding every general election, and on the third Tuesday 
preceding every municipal or February election.' The reg¬ 
istration sessions are open from eight in the morning until 
one o’clock in the afternoon; then from two o’clock until 
six in the evening; and also from .seven o’clock until ten at 
night of each registration day. Under the operation of 
these new laws, hereafter, in all our cities it will be known 
in advance of the election how many votes can be cast, and 
who will have the right to cast them. And the result will 
be that the elections will be purer and more honest than 
ever before in our history. Those citizens who have suffi¬ 
cient intelligence to place a proper value on the right to vote 
will see that the right is secured to them through registra¬ 
tion. Those who have not will probably give the matter no 
attention, and it is just as well that they should not, for the 
community is better off with them disfranchised. 

238. Bribery. —The giving or the receiving of a bribe 
for a vote is a misdemeanor punishable by fines and impris¬ 
onment (140). In addition to these penalties, any person 
convicted of a wilful violation of the election laws is ex¬ 
cluded from the right of suffrage, absolutely for four years; 
and, if a candidate for office, he becomes forever incapable 
of holding any office of trust or profit within the gift of the 
Commonwealth (141). 

239. Counting the Vote. —After the polls are closed, 
and before the ballot boxes are opened, all the lists of voters 
used must be placed in separate sealed covers properly 
marked; also the stubs of all the ballots used, together with 
all unused ballots, must be enclosed in a sealed package 
properly designating the voting place. The inspectors then 
proceed to open the ballot box and audibly count the votes, 
observing the precautions against unfairness which the law 
prescribes. The counting must not be postponed nor ad- 


122 


THE AMERICAN CITIZEN 


journed until fully completed. The ballots are kept within 
the unobstructed view of those persons within the voting 
room who are outside the guard-rail. It is unlawful for 
either judge or inspector, while counting the ballots or the 
votes thereon, to have in his hand any pen, pencil, or .stamp 
for marking ballots. 

The law gives certain regulations relating to the counting 
of ballots imperfectly marked; but since it is clear in its di¬ 
rections for marking ballots,, voters should adhere strictly 
to the instructions given in order that their votes may be 
effective. 

240. Election Returns. —The result of the voting 
must be publicly and fully announced as soon as the votes 
are counted. The election officers then make out and sign 
a full return in triplicate copies. A copy of the returns is 
delivered to the prothonotary before two o’clock of the next 
day, and he presents the returns to the judge or judges of 
the court of common pleas at noon of the second day after 
the election. The judges, after computing the returns re¬ 
ceived, make out their conclusions in duplicate. They 
give certificates of election, under the court seal, to the 
proper persons. 

One of the triplicate copies is sent to the secretary of the 
Commonwealth, and this officer presents to the Governor 
the returns of the elections of all the township and county 
officers to whom commissions are to be issued. 

Returns of the election of Governor are sent to the presi¬ 
dent of the senate for computation and publication; those 
of the election of State senators are transmitted to the sen¬ 
ate; those of representatives are sent to the house of represen¬ 
tatives. A board consisting of the Governor, the president 
judge of the twelfth judicial district, the president pro tem¬ 
pore of the senate, the speaker of the house of representa- 


SUFFRAGE AND ELECTIONS 


123 


tives, four senators, and four representatives computes the 
the returns of the election of State-treasurer and auditor- 
general. 

241. Ballot-Boxes. —As soon as the election is fin¬ 
ished, the tickets, list of taxables, one of the lists of voters, 
one of the tally-papers, and a copy of the oath or affirma¬ 
tion taken by the officers holding the election, must be de¬ 
posited in the ballot-box; and such box being closely bound 
round with tape, and sealed by the election officers under 
their signatures, shall be deposited in the custody of the 
person legally authorized to care for it. Unless required 
by court-in settlement of contested elections, the box must 
not be opened until the morning of the next ensuing elec¬ 
tion. After the officers have been duly sworn, the ballot- 
box is opened, and the contents must be burned and total¬ 
ly destroyed. 

242. A Plurality Sufficient. —A plurality of votes 
elects a candidate for any office; a majority is not necessary. 

A majority is the number by which the votes of a suc¬ 
cessful candidate exceed those for all other candidates taken 
together. A person elected by a majority must receive more 
than half the votes cast. 

A plurality in elections means the excess of the votes 
cast for one candidate over those cast for another, or for 
any other, candidate. When there are more than two can¬ 
didates, the one who receives the plurality of votes may 
have less than a majority. 

In the election of Governor in 1898 the vote stood: 


William A. Stone, R.476,206 

George A. Jenks, D.358,300 

All other candidates. 137,231 

Total.971,737 






24 


THE AMERICAN CITIZEN 


In this election 485,869 votes would have constituted a 
majority. Stone, therefore, lacked 9663 votes of having a 
majority; but he had a .plurality of 117,906 votes over Jenks, 
and was thereby elected although a “minority Governor.” 

243. New Naturalization Law . —The naturalization 
law enacted under Jefferson in 1802 was based upon enlight¬ 
ened principles, and has remained in force for more than a 
century. These principles, which should never be lost sight 
of, are that an alien of good moral character, arrived at 
man’s estate, attached to the principles of the Constitution, 
may be admitted to citizenship if he has lived in the United 
States continuously for five years. If to these requirements 
were added a prohibition against the admission of any one 
to naturalization who does not intend to make the United 
States his permanent residence, the system would be com¬ 
plete. Surely we should welcome into our body politic any 
one to whom belong the attributes of good character, per¬ 
manent residence, and loyalty. 

But this law, however excellent in principles, was defec¬ 
tive in that it did not provide means to prevent its abuse. 
Prejudices against foreigners on the one hand and the fear 
of too rigid limitation of immigration on the other have pre¬ 
vented the devising of means to check fraud in the opera¬ 
tion of this system of naturalization. 

The new naturalization law of 1906 provides that dupli¬ 
cate petitions be sent to the Bureau of Immigration and 
Naturalization, thus bringing naturalization for the first 
time under Federal control. The application is made, as 
heretofore, to the clerk of the court of common pleas, but 
public notice of the application must be posted for at least 
ninety days. The case is then heard by the judge in open 
court, and the United States attorney has the right to ap¬ 
pear and examine the applicant and witnesses. Applica- 


SUFFRAGE AND ELECTIONS 


125 


tions for citizenship must be signed by the applicant, who 
must be able to speak the English language. He must fur¬ 
nish very definite and specific information regarding him¬ 
self, and the clerk of the court is liable to heavy penalties 
for receiving an application lacking in this respect. Two 
witnesses are required instead of one as under the act of 
1802. No person can be naturalized within thirty days of 
any general election even if the ninety days have expired. 
An important feature of the law is that a person having 
been naturalized and later taking up a residence in a for¬ 
eign country, will have his naturalization certificate can¬ 
celed. The applicant must swear that he is neither an an¬ 
archist nor a polygamist, and that he intends to become a 
permanent resident of the United States. He must also de¬ 
clare on oath that he will support the Constitution of the 
United States, and that he absolutely and entirely renounces 
all allegiance to any foreign power. Among the points in 
the information furnished by the applicant are: his name in 
full, place of residence, occupation, date and place of birth, 
date of immigration and name of vessel, as well as equally 
specific facts concerning his family. 

The protection afforded by the government of the United 
States to its citizens was shown in 1853 in the case of Mar¬ 
tin Koszta, a Hungarian, who had simply declared, under 
oath and before a proper officer, his intention to become a 
citizen of this country. Being abroad, he was seized by 
the Austrian authorities, and our government was asked to 
interpose no obstacle to his extradition and to disavow the 
action of Captain Ingraham who had protected him. But 
the ringing words of Marcy, the Secretary of State, show 
what the United States government will do in such cases: 
“Whenever in the operation of the law of nations, an indi¬ 
vidual becomes clothed with our national character, be he a 


126 


THE AMERICAN CITIZEN 


native-born or a naturalized citizen, an exile driven from 
his early home by political oppression, or an emigrant en¬ 
ticed from it by the hopes of a better fortune for himself 
and his posterity, he can claim the protection of this gov¬ 
ernment, and it may respond to that claim without being 
obliged to explain its conduct to any foreign power; for it 
is its duty to make its nationality respected by other na¬ 
tions and respectable in every quarter of the globe.” 

We should welcome to the privileges of American citizen¬ 
ship all persons who can appreciate the meaning which 
should attach to that right, and who are willing to learn 
our language, customs, and laws. It is the duty of the 
government not only to enact laws that will keep out of 
our country anarchists, criminals, and paupers, but to seek 
still higher standards of naturalization. The courts can¬ 
not be too careful in granting naturalization papers. The 
purity of elections has often been destroyed by the large 
number of illiterate and degraded foreigners admitted to 
citizenship without possessing the essential qualifications 
for the intelligent exercise of the franchise. 


CHAPTER XVI 

PARTIES AND NOMINATIONS 

244. Parties. —Under all governments which grant any 
considerable degree of freedom, there will arise parties dif¬ 
fering in their ideas of government policies. Thus, as soon 
as the Constitution of the United States was adopted and 
the government organized, or, indeed, long before these 
events, people began to have different ideas concerning 
their rights and duties under the plan of government; so 
political parties were organized. 

This political machinery is the creation of voluntary 
effort and not of public law, yet such has been its influence 
that the people to-day govern themselves almost entirely 
through the agency of political parties. A party may be 
defined as a body of electors having distinctive aims and 
purposes, and united in opposition to other bodies of elect¬ 
ors in the community or political division in which it exists. 

In order to control public policies and affairs, a party 
must succeed in electing to the public offices persons chosen 
from its ranks; and, in a highly executive nation, like our 
own, it was soon discovered that in politics, as in war, or¬ 
ganization and discipline are much more effective than mere 
numbers working without concerted action. Thus, to ac¬ 
complish the election of its members to the various offices 
within the gift of the people, there has resulted, within 
each party, a system of party machinery, firm yet flexible, 
and working well in its general results, since by its aid the 
body of voters is bound together for the accomplishment of 


128 


THE AMERICAN CITIZEN 


their purposes. So it has come about that each great party 
has its National, State, district, and county conventions 
and committees, with rules of procedure for all of them. 
One essential feature of a party system is that it is strictly 
representative in its nature. Bach voter has, to some ex¬ 
tent, an opportunity to share in the selection of his candi¬ 
dates and to determine the platform of his party. By such 
means candidates are selected and political campaigns con¬ 
ducted. If good men concede primary political control to 
those who use it for selfish ends, such men are to blame for 
the selection of unworthy men for important public trusts. 

245. Nominations. — A candidate is a person who 
seeks some office or privilege, or who offers himself for the 
same. In order to secure some chance of election, how¬ 
ever, his name must be presented for position upon the 
official ballot. This selection of the candidate is called 
nomination. The right of a voter to select his own candi¬ 
date for any office at the actual moment of voting is not 
denied, but such candidate could stand little chance of elec¬ 
tion. In this State, under the acts of 1881 and especially 
the Ballot Reform Act of 1893, the existence and operation 
of party machinery in the forms of primary elections and 
conventions of delegates is recognized. Practically the 
whole system of primary elections has been placed under 
the protection of the law. 

246, Primary Elections.—In every election district 
the voters of each party have two important duties to per¬ 
form. One is to nominate their own party candidates for 
the local offices: township, borough, ward, and county. 
The other duty is to select delegates to conventions held 
for the purpose of setting forth the principles of the party, 
to look after its interests, and to nominate candidates for 
larger voting areas. 


PARTIES AND NOMINATIONS 


129 


The terms “primary election” and “caucus” have often 
been used synonymously, but the term caucus is now more 
often used to denote a private meeting of delegates or legis¬ 
lators, held prior to an election, for the purpose of settling 
upon plans of action. 

247. Methods of Nomination. — Two methods of 
nominating candidates for county offices have been used in 
Pennsylvania. The one which is in most complete accord 
with the principle of government by the people is an exten¬ 
sion of the primary election as conducted in the township 
or borough to the greater area of a county. The voters 
who attend the primaries vote directly for the candidates of 
their choice, and the ones receiving the highest number of 
votes in the entire county become the nominees of the par¬ 
ty. This deservedly popular method is called the “Craw¬ 
ford County System’ ’ after the name of the county in which 
it originated. The Uniform Primaries Act of 1906, extends 
this method throughout the State. 

The other method of nomination is by a convention,—or 
the “delegate system.” At the primary elections, dele¬ 
gates to the county convenfion are selected. These former¬ 
ly nominated the county officers, and also selected the dele¬ 
gates to the district and State conventions; but the act of 
1906 takes away this function. At such conventions com¬ 
mittees are created, and rules of procedure determined; 
often resolutions expressive of certain political sentiments 
are expressed. 

248. Uniform Primaries.—The Uniform Primaries 
Act of 1906 requires that two primaries shall be held each 
year, in every election district in the Commonwealth in 
which nominations are to be made or delegates or party 
officers elected. One is called the Winter primary, and is 
held on the fourth Saturday before the February election 


130 


THE AMERICAN CITIZEN 


(Jan. 22-28); the other, known as the Spring primary, is 
held on the first Saturday in June (June 1-7),— except in 
Presidential years, in which it is held on the second Satur¬ 
day of April (April 8-14). 

Candidates for all offices to be filled at the the February 
election shall be nominated at the Winter primary. Dele¬ 
gates to State and National conventions and candidates for 
all offices to be filled at the general election in November,— 
except those nominated by National and State conventions, 
—shall be nominated at the Spring primary. Party officers, 
such as members of the county committee and any other 
officers that are provided for by the rules of the several par¬ 
ties, may be chosen at either or both primaries. 

The law does not prevent the nomination of candidates 
by nomination papers as provided for by existing laws. 
Neither does it apply to the nomination of Presidential 
electors, nor to the nomination of candidates to be voted for 
at special elections to fill vacancies; but it does not prevent 
the nomination of Presidential electors at primaries, if the 
rules of the parties so provide. 

Official primary ballots shall be prepared by the county 
commissioners for each party casting two per centum of the 
largest entire vote cast for any candidate at the last general 
election. These ballots are printed on white paper of uni¬ 
form quality, and are of uniform size, style of printing, and 
general appearance. On the back of each ballot the name 
of the party is printed in prominent type. 

The names of candidates are placed upon the ballot of a 
party, on the filing of petitions containing the signatures 
of certain specified numbers of qualified voters of that party 
within the election district. Primary elections are held by 
the regular election boards, and are conducted in conformi¬ 
ty with thq general election laws. Expenses are ultimately 


PARTIES AND NOMINATIONS 


I 3 I 

paid by the State. Polls are open from two to eight o’clock 
post meridian. 

Returns of the results of the primary elections are made 
to the county commissioners on or before noon of the Tues¬ 
day following the election. At noon of the succeeding day 
the commissioners must publicly commence the computa¬ 
tion and canvassing of the returns, and continue the same 
from day to day until completed. Severe penalties are at¬ 
tached to violations of any of the provisions of the Uniform 
Primaries Act. 

Candidates for offices of the Commonwealth, to be voted 
for by electors of the State at large, are nominated by the 
State conventions, for which delegates are elected in accord¬ 
ance with the terms of this act. The delegates who receive 
a plurality of the votes of the party electors at the Spring 
primary shall be the delegates to the respective State and 
National conventions. The State conventions must be held 
not later than one week after the date of the primary, in ac¬ 
cordance with the rules of the respective parties. 

249. State Conventions. —The State convention, as 
has been said, nominates the party candidates for the vari¬ 
ous State offices to be filled. It also nominates the Presi¬ 
dential electors, and selects the delegates at large to the 
National convention. The State convention creates the 
State committee, consisting of one representative from each 
county, in reality selected by the delegation from the coun¬ 
ty. The State convention adopts a platform dealing with 
the main political questions of the day. It then adjourns 
sine die. 

250. How Nominations are Made Official. — Cer¬ 
tificates of nomination signed by the presiding officer and 
secretary of the State convention, and setting forth the 
nomination of candidates for Presidential electors, congress- 


32 


THE AMERICAN CITIZEN 


men-at-large, State officers, and district judge-ships must 
be filed with the secretary of the Commonwealth. 

The county commissioners must make the proper certifi¬ 
cation of returns of votes cast for the candidates for nomi¬ 
nation for members of Congress or for State offices to the 
secretary of the Commonwealth, who tabulates them and 
certifies to the county commissioners the result of the vote 
at least forty days prior to the election. 

251. Nomination Papers. — In the interest of new 
parties and independent candidates, the election laws of the 
State provide for the nomination of candidates by nomina¬ 
tion papers. These must have a certain number of signa¬ 
tures, be drawn up on certain blank forms furnished by the 
secretary of the Commonwealth, and filed in the proper 
offices as provided concerning certificates of nomination. 
Nomination papers for county, city, township, borough, 
and school district offices are filed with the county commis¬ 
sioners; those for other offices are filed with the secretary 
of the Commonwealth. 


CHAPTER XVII 

TAXATION 

252. A Sovereign Power.— Among the sovereign 
powers of a government, the power to tax the people is, in 
a sense, the fundamental one upon which all the others 
depend. The government is a great business enterprise 
maintained and operated by the people in order that 
certain important duties of general interest and benefit 
may be performed. Money raised for these purposes, 
which relate to the welfare of all the people of a country, 
is supposed to be paid by all of the inhabitants, each one 
furnishing his share; and the share which each one pays is 
his tax. The magnitude of the operations requires the 
expenditure of large sums of money, and a government to 
be stable and efficient must possess adequate power for the 
levying and collecting of its taxes. The State constitution 
assumes that the right to tax is inherent in the govern¬ 
ment. In accordance with the theory which prevails in 
this country, the power to tax is legislative in its nature, 
and can be exercised only by representatives elected 
directly by the people. Although all the members of both 
houses of the General Asembly are so chosen, all bills for 
raising revenue must originate in the lower house (59). 

253. Taxes Defined. —Society cannot exist without 
government, and this cannot be carried on without 
revenue. A tax is a regular pecuniary charge imposed by 
government upon the people for its own support. Taxes 
are really portions of private property which the govern- 


34 


THE AMERICAN CITIZEN 


ment takes for its public purposes. The tax payers should 
realize that they are simply paying for benefits received. 

254. The Right to Tax Not Unlimited. —The 
right of the government to levy and collect taxes is not . 
unlimited. The State constitution restricts the amount of 
debt which the State and its subordinate local bodies may 
incur (157). Our great and wealthy Commonwealth, with 

a population now of about six and one-half millions, fixes 
$1,000,000 as the limit of the debt which may be created 
to supply deficiencies in revenue (153). 

When money is borrowed for State purposes, the act 
authorizing the creation of the debt must define the 
purpose for which the money is to be used, and the money 
must be used for that purpose, and for no other (154). 
The credit of the Commonwealth cannot be pledged to 
individuals or corporations, nor can the State become a 
joint owner in any company or association or corporation 
(155). 

255. Direct and Indirect Taxes. —Direct taxes are 
those which are levied upon the persons, property, 
business, or income of those who are to pay them. 

Indirect taxes are those which are levied upon com¬ 
modities in the hands of manufacturers and dealers, and 
are paid in the end by the consumers as a part of the price 
of the articles. The most important indirect taxes are 
customs and excise duties. The indirect taxes do not, in 
general, give rise to as much complaint as the direct taxes, 
partly because the money which the citizen pays directly 
out of his own pocket is the only tax which he is quite 
sure that he pays at all. 

The Constitution of the United States forbids the States 
to derive any revenue from duties upon goods imported or 
exported. In order to support its government the 


TAXES AND TAXATION 


i35 


Commonwealth of Pennsylvania is, therefore, for the most 
part restricted to a direct tax levied upon real estate and 
personal property. 

256. Vesting the Taxing Power. —The orders of 
communities are State, county, city or borough, township, 
and school district. Each has its corresponding taxing 
authority, capable of fixing the tax levy within the limits 
prescribed by the State constitution. The power to levy 
taxes is vested in the General Assembly, the county 
commissioners, the city and borough councils, the town¬ 
ship supervisors, the school directors, and the overseers of 
the poor. 

257. Assessment. —This important step or process in 
taxing relates to the correct valuation and listing of the 
property, as the basis for fixing the amount which the 
individual taxpayer shall pay as his share of the tax. 
This work is performed by the assessors elected in the 
townships, boroughs, and city wards throughout the State. 
It is their duty to put a value upon all taxable property. 
Now the assessors will differ much in their estimates, and 
the returns will present many inequalities at the best. The 
persons who have the duty of revising these elements are an 
important factor in the taxing system. A series of boards 
of equalization compare and revise the valuations made by 
the various local officers. They are the State board of rev¬ 
enue commissioners, the county commissioners, and the city 
boards of revision or boards of assessors. The main work 
of equalization is done by the State board of revenue com¬ 
missioners, consisting of the auditor-general, the State 
treasurer, and the secretary of the Commonwealth. It is 
the duty of the board to ascertain and determine the just 
value of the property listed in the cities and counties, and 
to equalize and adjust the assessments as far as possible, so 


136 


THE AMERICAN CITIZEN 


as to make the burden of taxation bear as equally as prac¬ 
ticable upon all taxable property throughout the State. 
Similarly, for the equalization of taxes, Philadelphia has a 
board of revision consisting of three members, elected as 
county officers, for a term of three years. An elector can 
vote for only two of the members. Cities of the second class 
have a board of five members, appointed by the mayor; and 
cities of the third class a board of three members elected by 
the qualified voters of the city. These are assessors sitting 
as boards of revision. The board of revision and equaliza¬ 
tion in a county is composed of the commissioners them¬ 
selves, and they must qualify for their duties in this capac¬ 
ity by taking a special oath. 

258. Collecting* Taxes. — According to the taxing 
jurisdiction the levies are called State, city, county, bor¬ 
ough*-, or township taxes. 

The collecting of these taxes is done by the tax-collectors 
of townships, the treasurers in boroughs, tax-collectors and 
tax-receivers in cities, and by county treasurers. Usually 
the township or borough collector of taxes receives from 
the individual citizen three distinct taxes: the State tax, the 
county tax, and the township or borough tax. Thus trouble 
and expense are saved in the process of collection, and the 
citizen sees on one tax paper all that he has to pay. The 
method of collecting the taxes is, however, not the same in 
all the counties of the State. 

259. State Taxes. —The State taxes which are collect¬ 
ed by county officers, and by them paid into the State treas¬ 
ury are: State tax on personal property; tax on direct and 
collateral inheritances; tax on writs, wills, deeds, etc.; com¬ 
missions of notaries public; and licenses. 

Besides the revenue from these sources, the State receives 
money from taxes on business corporations. The State can- 


TAXES AND TAXATION 


137 


not be a party to any agreement whereby the power to tax 
corporations shall be suspended or surrendered (152). Such 
corporations are required to pay the taxes directly into the 
State treasury. The corporations are required to submit to 
the auditor-general sworn statements of the capital stock, 
number of .shares, par value of shares, gross and net earn¬ 
ings, surplus, dividends declared, etc. The rates of levy 
upon these bases are prescribed by law. The State consti¬ 
tution is explicit regarding corporations, lest these power¬ 
ful bodies should purchase from a pliant Legislature exemp¬ 
tion from civic burdens (152). 

260. County Taxes. —The taxes levied by the county 
commissioners for county purposes are laid upon real estate, 
upon certain kinds of personal property,—as business invest¬ 
ments, domestic animals, furniture, etc.,—and upon occupa¬ 
tions and polls. O 11 the basis of returns made by the 
assessors, the county commissioners apportion the taxes to 
be raised for county use by the townships, wards, and dis¬ 
tricts. These taxes are collected by the regularly elected 
tax-collectors. All persons who pay within two months are 
entitled to a five per cent reduction, but all who do not pay 
within six months are charged five per cent additional. 

261. Township Taxes. — The supervisors of a town¬ 
ship can levy a tax, at a rate not exceeding one cent on a 
dollar, upon real and personal property, and upon certain 
occupations. The money is used in making and repairing 
bridges and roads, and for some other purposes. Upon the 
approval of two justices of the peace, the overseers of the 
poor may lay an assessment for a poor-tax not exceeding 
one cent on a dollar. These taxes are collected by the reg¬ 
ularly elected tax-collector of the township, who gives a 
bond annually for the faithful performance of his duties. 
It is lawful for the supervisors and overseers of the poor, 


THE AMERICAN CITIZEN 


138 

under certain conditions, either by themselves or by a per¬ 
son duly authorized, to collect the taxes by them laid. 

262. Borough Taxes. —The rate of taxation in a bor¬ 
ough is fixed by the council, and the expenses are under its 
control. The regularly elected tax-collector furnishes each 
person, on the payment of taxes, with a numbered receipt 
containing the date, name, amount of tax, and district in 
which the taxpayer is assessed. The law requires that the 
tax-collector shall send to the county commissioners, at least 
twenty days before election, lists of the persons who have 
paid taxes. 

263. City Taxes. — The annual levy in cities is made 
by the select and common councils. Estimates of the 
amount required are furnished by the controller to the 
councils at the first .stated meeting in January of each year, 
as a basis for fixing the levy and tax rate for the next fiscal 
year. The taxing processes may differ some in cities of the 
different classes, but they now bear a close resemblance to 
each other, as well as to the methods employed in the coun¬ 
ties and in the State itself. Some of the larger cities are, in 
population and wealth, equivalent to States in themselves. 
The forms of property upon which taxes are levied are 
varied, and the special purposes very numerous. The leg¬ 
islative powers of the city councils are not general like 
those of the General Assembly, but are limited by the char¬ 
ter of the city. In the case of the increase of debt beyond 
a certain amount, the State constitution requires the assent 
of the voters of the city at a public election (157). 

The taxes levied in a city are much greater than those in 
rural districts, because of the great number of public insti¬ 
tutions which the city is compelled to create for the welfare 
of its people. The care of the streets, the protection of the 
public health, the care of the poor, the equipment of a fire 


TAXES AND TAXATION 


139 


department, the maintenance of adequate police force to 
protect life and property, and many other public interests 
all tend to increase the taxes. 

In addition to these natural causes of increase of taxa¬ 
tion, there are others of a different character. The weakest 
point in the political management of affairs in this country 
is the question of city finance and city government. In 
our great cities a large part of the voters pay no direct tax¬ 
es, and thus have no great interest in moderate taxation 
and economical administration. In regard to the city 
officials themselves, the great fault is that responsibility is 
so. divided that it cannot be forcibly brought home to any 
one. Further restriction of the power of the State Legisla¬ 
ture to interfere by special legislation with municipal gov¬ 
ernment and the conduct of municipal affairs would seem 
to be necessary. Taken all in all, the forces that destroy 
true democratic government are most active in cities, and 
the defensive forces are most ill-placed for resistance. 

264. How the Taxes are Collected. — The collec¬ 
tion of all taxes, except the so-called delinquent taxes, is in 
charge of the city treasurer. On and after the first day of 
November in each year, the city treasurer shall place dupli¬ 
cates of taxes in the hands of tax-collectors by him appoint¬ 
ed. These officers are paid by councils, and exercise all 
the powers vested by law in the collectors of State and 
county taxes. 

265. City Sinking* Fund. —Every city shall create a 
sinking fund, which shall be inviolably pledged for the 
payment of its funded debt (181). 

266. School Taxes. — The question of school taxes 
and funds is discussed in the chapters on Education. The 
school district tax is levied by the board of directors, and 
collected by the township tax-collectors. There are three 


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THE AMERICAN CITIZEN 


kinds of tax for school purposes according to their subjects, 
each separate and distinct, but all may be due from one per¬ 
son. They are: the rate tax on real and personal property; 
a minimum occupation tax of one dollar on all resident 
males’ taxables over twenty-one years of age; the districts 
may tax themselves for support of schools in general, up to 
13 mills, and may raise a sum for establishing schoolhouses 
not greater than the sum raised for the support of schools 
in the same year. 

267. Certain Property Exempt. — All taxes must 
be uniform upon the same class of subjects within the juris¬ 
diction of the taxing authority; but the General Assembly 
may, by general laws, exempt from taxation public proper¬ 
ty used for public purposes, actual places of religious wor¬ 
ship, places of burial not held for private or corporate 
profit, and institutions of a purely public charity. Thus, 
under the laws enacted, court houses, jails, churches, hos¬ 
pitals and other places of benevolence, and all institutions 
of learning are exempt from taxation; always provided that 
none of these be used for private profit (150). 

268. Planting Trees: Road Tax. —The law provides 
that any person liable to road tax, who has transplanted by 
the side of any public highway at his own expense any 
fruit, shade, or forest trees, of suitable size, shall be allowed 
by the supervisor an abatement of his road tax, at the rate 
of one dollar for every two trees set. 

269. Roads: State Highway Commissioner. —The 
roads of Pennsylvania are generally poorly made, but the 
State is not exceptional in this respect. Supervisors are 
rarely skilled roadmakers, and their short term of office 
does not tend to fix responsibility nor lead to well-directed 
effort in road construction. The people have been unwilling 
to pay the taxes necessary to the production of good roads. 


TAXES AND TAXATION 


141 


Taxpayers, too, have the right to work out their road tax, 
and the highways have suffered from the efforts of inefficient 
laborers. However, public sentiment has been aroused in 
the interest of improvement. Recent legislation, especially 
that of May 1905, has authorized the State highway depart¬ 
ment to co-operate with the counties, townships, and with 
boroughs in certain instances, in the improvement of the 
public highways. Provision is made for application to the 
department for State aid in such work; and also for the 
payment of the cost of highway improvements made, under 
the provisions of the act, by the State, the counties, and the 
townships. The appropriation for the six years ending 
May 31, 1909, exceeds $6,000,000. 

The executive officer of the department is the State high¬ 
way commissioner, appointed by the Governor for a term of 
four years. He must be a competent civil engineer, ex¬ 
perienced in the construction and maintenance of improved 
roads. Under the supervision of this officer, some of the 
principal roads of each county will be put into first-class 
condition. Three-fourths of the expense in the construc¬ 
tion of such State highways is paid by the State, while the 
county and township share the remainder equally. All per¬ 
sons using automobiles must procure licenses from the com¬ 
missioner, and such fees are appropriated to the use of the 
department. 

In the natural operation of the growth of a community 
the opening of a new road may become necessary. The 
making of such road must be recommended by a road jury 
of three men appointed by the court. If the court approves 
the opening of the road, the jury fixes the damages to pri¬ 
vate property. These are paid by the county, but the 
township pays the the cost of making the road. 


CHAPTER XVIII 

CORPORATIONS 

270. Origin .— The term corporation, as used in this 
country, is applied to an association of persons authorized 
by law to transact business under a common name and as a 
single person. The origin of these artificial bodies is gen¬ 
erally ascribed to Roman law, but it is probable that the 
true original of corporations is to be found in the Middle 
Ages when cities, towns, and societies of tradesmen ob¬ 
tained charters from kings and feudal lords in return for 
money furnished their rulers. In these charters certain 
privileges and immunities were granted, sometimes for the 
protection of personal liberty, and sometimes of the nature 
of trade monopoly. 

271. Classes. — Corporations are of two great classes: 
public and private. Public corporations are those which are 
formed as the instruments or conveniences of government, 
such as, cities, boroughs, etc. Public corporations are 
often known as municipal corporations. Private corpora¬ 
tions are those formed for the benefit and profit of the cor¬ 
porators, and of only incidental interest to the public. Two 
great classes are recognized under the laws of our Common¬ 
wealth: (a) corporations not for profit, and (b) corporations 
for profit. 

272. How Corporations are Created. —The consent 
of the government is always essential in some form to the 
creation of a corporation. Formerly, many were created 
by special charter from the Legislature; but by the State 


CORPORA TIONS 


143 




constitution (52), the General Assembly is forbidden to pass 
any local or special law creating corporations or amending, 
renewing, or extending their charters. The corporation act 
of 1874 is the general law to which all corporations since 
then created owe their existence. The powers and privi¬ 
leges conferred have the same force and effect as if con¬ 
ferred and enjoined by special act of the Legislature. The 
courts of common pleas have the power to create: (a) cor¬ 
porations for the support of any literary, medical, or scien¬ 
tific undertaking, library association, or the promotion of 
music, painting, or other fine arts; and (b) the support of 
any benevolent, charitable, educational, or missionary un¬ 
dertaking. Corporations are also formed by the voluntary 
association of three or more persons under the general law, 
the filing of a certificate of organization with the secretary 
of the Commonwealth, and finally by the approval of the 
Governor. The charter of an intended corporation for 
profit must be subscribed by two or more persons, one of 
whom, at least, must be a citizen of the Commonwealth of 
Pennsylvania. Corporations of the first class cannot obtain 
cqrporate existence in the court of common pleas, and then 
obtain transfer to the second class with all the rights, priv¬ 
ileges, and obligations of corporations for profit. 

In the transaction of their business, corporations are sub¬ 
ject to the same laws as persons. Their officers and agents 
are regarded, in law, as occupying the relation of servants 
to the corporations as masters liable for all damage or injury 
done to third persons by these agents in their business. It 
is in the nature of corporations to have a perpetual existence 
or succession, since the rights, duties, and privileges descend 
to the successive members of the corporation. Thus a body 
corporate lives after the persons who first composed it are all 
dead. A borough or city incorporated two hundred years 


144 


THE AMERICAN CITIZEN 


ago, is the same borough or city, although none of its first 
inhabitants are living. So a railroad or banking corporation 
may exist long after the death of all the original corporators. 
This capacity of perpetual succession is the characteristic 
feature of a corporation as compared with other societies. 
Corporate business is done under a corporate seal; and a 
common definition in law-books describes a corporation as a 
society with perpetual succession and a common seal. 

The General Assembly possesses the general right of 
supervision of the business matters of corporations. Under 
recent amendments to the general laws for the chartering of 
corporations, no charter can be granted to a corporation 
for the conduct of more than one kind of general business, 
and that must be clearly set forth in the charter. 

273. The Term as Used in the State Constitution. 
—The term corporation, as used in the State constitution, 
includes all joint stock companies or associations having 
any of the powers or privileges of corporations not possessed 
by individuals or partnerships (194). 

274. Powers of the Legislature. —The General As¬ 
sembly cannot pass any general or special law for the bene¬ 
fit of any corporation unless that corporation shall thereafter 
hold its charter subject to the provisions of the State consti¬ 
tution (183). At the time of the adoption of the present 
constitution, all charters not represented by bona fide organ¬ 
izations and business became void (182). The Legislature 
can revoke or annul any charter, revocable in 1874 or since 
created, whenever, in their opinion, such charter may be in¬ 
jurious to the citizens of the Commonwealth (191). The 
powers of corporations must not be increased, except under 
certain conditions (183); and no law can be enacted which 
shall create, renew, or extend the charter of more than one 
corporation (191). 


CORPORA TIONS 


i45 


275. The State’s Right of Eminent Domain. —The 

State exercises the right of eminent domain over the prop¬ 
erty and franchises of incorporated companies, the same as 
over the property of individuals (184). The police power 
of the State over all corporations is supreme. 

276. Compensation to Individuals. —Municipal and 
other corporations which have the privilege of taking pri¬ 
vate property for public use must make just compensation 
for property taken, injured, or destroyed. All cases of ap¬ 
peal shall be determined by jury, according to the course of 
the common law (189). 

277. Cumulative Voting. — Each member or share¬ 
holder in a corporation may cast the whole number of his 
votes for one candidate, or distribute them upon two or 
more candidates, as he may prefer (185). 

278. Foreign Corporations. — No corporation (186) 
not incorporated under the laws of this State shall do any 
business in the State without having one or more known 
places of business and authorized agents in the same upon 
whom process may be served. It is not lawful for any for¬ 
eign corporation to receive deposits or transact any bank¬ 
ing business whatsoever, in this Commonwealth, until it has 
filed at the office of the commissioner of banking a certified 
copy of the statement, locating an office and naming an 
agent, as required by law to be filed in the office of the sec¬ 
retary of the Commonwealth. 

279. Scope of Business. —No corporation can engage 
in any business other than that authorized in its charter, nor 
can it take or hold any real estate except such as is neces¬ 
sary and proper for its legitimate business (187). 

280. State Banking Laws. — Every banking law 
(190) shall provide for the registry and countersigning by 
an officer of the State of all notes and bills designed for cir- 


146 


THE AMERICAN CITIZEN 


dilation, and security for the full amount shall be deposited 
with the auditor-general for the redemption of such issues. 
There are at present no State banks of issue. Charters for 
banks and savings institutions are issued by the secretary 
of the Commonwealth. No corporate body possessing 
banking privileges can be created without three months’ 
previous notice as prescribed by law, nor shall such charter 
be granted for more than twenty years (192). 

281. Corporate Stocks and Bonds. — Corporations 
cannot lawfully issue stocks or bonds except for money, 
labor done, or money or property actually received; and all 
fictitious increase of stock or indebtedness shall be void (188). 

282. Telegraph Lines: Consolidation. — Corpora¬ 
tions organized for the purpose, or any individual, shall 
have the right to construct and maintain lines of telegraph 
within the State, under the general laws enacted by the 
Legislature. The consolidation of competing lines is pro¬ 
hibited (193). 

283. The Governor Approves: Bonus. —The Gov¬ 
ernor’s approval is necessary to the granting of any charter 
of a corporation for profit organized under the general laws; 
and he issues letters patent to all corporations for profit cre¬ 
ated under the general laws of the State. A bonus of one- 
third of one per cent of the capital stock must be paid in 
full into the State treasury by all corporations, except build¬ 
ing and loan associations, before papers can be filed or re¬ 
corded in the office of the secretary of the Commonwealth, 
or letters patent can be issued by the Governor. 


CHAPTER XIX 

RAILROADS AND CANALS 

284. Importance of Kailroads. — The railroads of 
the State are the most important factor of all concerned in 
the commerce of the Commonwealth. Indeed, it is impos¬ 
sible to understand the domestic commerce of the State 
without a thorough knowledge of its transportation system. 
Without railroads, stagnation of business would result on all 
sides, and disturbed conditions would prevail throughout 
the State. The railroads are very important to those per¬ 
sons who depend upon their daily toil for their subsistence. 
The number of employes alone is over four hundred thirty 
thousand, and there are at least two million persons who 
are sustained through the employment given by the rail¬ 
roads of Pennsylvania. 

285. Public Highways: Common Carriers. —Al¬ 
though they are of great public utility, railroads are not 
properly public works, since in this country they are con¬ 
structed and controlled by companies incorporated for the 
purpose. In one sense, railroads are public highways (195) 
and post-roads. All railroad companies are common carriers , 
that is, they carry goods or passengers for hire. As such 
they are bound to carry in all cases when they have accom¬ 
modation, if the fixed price is tendered; and they are also 
liable for all losses and injuries, except in cases of the act 
of God, as lightning, storm, etc., and public enemies, as in 
time of war. Railroads are not expected to carry danger¬ 
ous freight. They are not obliged to carsy freight unless 


148 


THE AMERICAN CITIZEN 


the charges are prepaid; and if agreement is made to take 
payment at the end of the route, the goods may be held 
until the freight is paid. The right to have persons and 
property transported shall be equal to all (201), and no un¬ 
due discrimination shall be made in charges and facilities 
inside the State (197). 

286. State has Right to Regulate. — Certain de¬ 
cisions of the Supreme Court of the United States have es¬ 
tablished the right of each State to restrict and regulate the 
business operations of railroad corporations within the lim¬ 
its of that particular State. It is also true that the State 
has the right to regulate the rates at which passengers and 
freight shall be carried by railroads; because such roads are 
public highways (195), controlled by corporations created 
by law, and therefore subject to the law-making power 
whenever it may choose to intervene (206). 

287. Extreme Limitation Not Probable —Railroad 
corporations are useful in so many ways that any general 
decrease in the facilities for forming them is improbable; 
but special restrictions and taxes will increase. The useful¬ 
ness of a railroad depends upon its public service:—its ability 
to conserve the convenience, safety, and economy of its pas¬ 
sengers and shippers, as well as the prosperity of its em¬ 
ployes and shareholders. The power of taking public prop¬ 
erty and franchises, now misused to a great extent, will be 
restricted and controlled. Through great railroad corpora¬ 
tions, it is at present possible for one man to exercise power 
of a wholly irresponsible nature. A great corporation, skil¬ 
fully managed, becomes dangerous to the rights of individ¬ 
ual men. The old principle of the monarchy, banished 
from the field of government in our republic, asserts its 
strength in the important contests of industry and finance. 
There is nothing unreasonable in the desire of the people to 


RAILROADS 


149 


regulate these immense corporations and trusts, and to re¬ 
strict the range of their action. 

288. Inter-State Commerce Commission. — The 
Constitution of the United States gives Congress the right 
to regulate commerce between the States; and this covers 
the right to regulate and control the railroads in all matters 
pertaining to inter-state commerce, even to fixing rates at 
which passengers and freights shall be carried. The Inter- 
State Commerce Commission has succeeded in regulating 
railroad transportation and charges in many material re¬ 
spects. Congress has no authority to deal with a railroad 
lying wholly within the limits of one State; but all lines 
which cross more than one State, and those which by con¬ 
necting are worked together as one line, come directly under 
its legislation. The railroads themselves are benefited by 
the establishment of the Commission, for all discrimination, 
secret rebates, and special privileges are forbidden. 

289. Powers of Common Carriers Limited. —No 
incorporated company doing business as a common carrier 
can engage in mining or manufacturing articles for trans¬ 
portation over its lines (199). But any mining or manu¬ 
facturing company may carry its products on its railroad or 
canal not exceeding fifty miles in length. Nor can the 
president, other officers, nor the employes of any transpor¬ 
tation company be interested in the furnishing of materials 
and supplies to the company (200). 

290. No Consolidation of Competing Lines. —The 
consolidation of parallel or competing lines is forbidden, 
and the officers of one company are restricted from serving 
as such in the other. Juries decide whether companies are 
really managing competing lines (198). 

291. Granting of Passes Limited. —The granting 
of free passes, or passes at a discount, to any persons except 


THE AMERICAN CITIZEN 


150 

officers and employes of the company is forbidden. The 
strict enforcement of this regulation would put an end to an 
abuse which has assumed immense proportions (202). 

292. A Great Railroad State. — Pennsylvania is, 
without doubt, the greatest railroad State, having 11,846 
miles of railroad within its limits and a total mileage of 
29,448 operated by its railroad corporations. The Pennsyl¬ 
vania Railroad is beyond doubt the greatest railroad system 
in the world. Its headquarters are in Philadelphia, and its 
lines reach almost all parts of the State and far beyond to 
the eastward and westward, with an enormous freight and 
passenger traffic. Within the State alone it controls 3246 
miles of railroad. It is a prodigy of labor, wealth, and skill. 
Next in importance and extent is the Reading Railroad, 
which controls 2512 miles of railroad in the eastern part of 
the State. This road owns extensive anthracite coal lands, 
and mines and ships great quantities of coal. The Lehigh 
Valley, the Delaware and Hudson, the Central Railroad of 
New Jersey, and the Delaware, Lackawanna, and Western 
of New York are also important railroads having great coal 
interests. The Baltimore and Ohio Railroad comes up to 
Philadelphia in the east, and passes through Pittsburg on 
its way westward. The Bessemer Railroad is an important 
line, engaged largely in the transportation of iron ores. 
Other railroads having large interests within the State are: 
the Erie, the Lake Shore and Michigan Southern, the Pitts¬ 
burg, Cincinnati, Chicago, and St. Louis, the Western New 
York and Pennsylvania, and the Pittsburg, Fort Wayne, 
and Chicago. The total capital represented by the 325 cor- 
• porations of steam railroads reaches the enormous amount 
of $4,092,885,000. This is one-fourth of the capital of all the 
steam railroads of the United States. Texas and Illinois 
are the only States that have a railway mileage nearly equal 


RAILROADS 


151 

to that of Pennsylvania; but the capitalization per mile of 
track is much higher in Pennsylvania than in other parts of 
the country. Many important facts in regard to the rail¬ 
roads of the State may be obtained by consulting their re¬ 
ports, made to the secretary of internal affairs, and pub¬ 
lished by the State (205). 

293. Street Railways. — Street railways are generally 
confined to boroughs and cities, and, until quite recently, 
the cars were moved by horse power. Electricity has ban¬ 
ished the horse from the street railways, it being apparent 
that for the moving of street cars this invisible power is far 
superior to any other. The change from horse power to 
electric power has been rapid, and with this transition the 
limits and powers of the corporations have been extended. 
Yet it is evident that the General Assembly has not meant 
to enable them to perform the functions of steam railroads. 
Great efforts are now being made to put these roads to uses 
for which they w T ere never intended. If street railways are 
to have the rights of common carriers, they should be com¬ 
pelled to abandon the public highways, and to seek rights 
of way in the manner prescribed for steam railroad corpora¬ 
tions. No street railway can be constructed within the 
limits of any township, borough, or city without the con¬ 
sent of the local authorities (203). Electric railways have 
already outgrown the laws which authorize their existence, 
and which are designed to control their operations. As the 
street railways now use the highways, the tendency is to di¬ 
vert travel from these thoroughfares and to render them dan¬ 
gerous to be used for their proper purposes. No electric 
line outside of municipal control should be allowed to 
cross a steam railroad at grade. In Pennsylvania, street 
railways are by law allowed to carry only passengers and 
mail. 


152 


THE AMERICAN CITIZEN 


294. Two Interesting 1 Facts. — It is an important 

and interesting fact that the first railroad in America was 
built in Pennsylvania in 1809; antedating by seventeen 
years the horse railway at Quincy, Mass., incorrectly stated 
to have been the first railroad in the United States. In Del¬ 
aware county, near the city of Chester, Thomas Lieper built, 
in that year, a horse railway connecting his quarry with a 
boat-landing on Ridley creek, one mile distant. 

In the National Museum at Washington, there is still 
preserved the famous “Stourbridge Lion,” a locomotive 
imported from England for the Delaware and Hudson Canal 
Company, by Horatio Allen, and run by him on its first trip. 
This was the first run made by any locomotive on the West¬ 
ern Continent, and was made at Honesdale, Pennsylvania, 
in 1829. 

295. Canals. — The Commonwealth of Pennsylvania 
formerly had nearly 1000 miles of canals, in large part con¬ 
structed by the State, and lying mainly along the Delaware 
and Susquehanna rivers and their tributaries. Competition, 
due to the rapid growth of the railroad systems of the State, 
has made most of the canals unprofitable; those built by the 
State have been sold to the railroads, and are now, for the 
most part abandoned. The Delaware and Hudson canal, 
from Honesdale to the Delaware river, and the Lehigh 
River canal of the Lehigh Coal and Navigation Company, 
still transport great quantities of coal. Parts of the Sus¬ 
quehanna canal and the Schuylkill canal are still used to 
some extent. 


CHAPTER XX 

EDUCATION: HISTORIC SKETCH 

296. Early Ideals. — The origin of the public schools 
in Pennsylvania may be traced to the Frame of Government 
prepared by William Penn in 1682. Penn was a well-edu¬ 
cated man, and a firm believer in popular education. In 
the twelfth section of his Frame of Government, he pro¬ 
vides that the Governor and the Provincial Council shall 
erect and order all public schools, and encourage and re¬ 
ward the authors of useful sciences and laudable inventions 
in the province. He urges education as the means for pre¬ 
serving good government. “That which makes a good 
constitution must keep it, namely, men of wisdom and vir¬ 
tue, qualities that, because they do not descend with world¬ 
ly inheritances, must be carefully propagated by a virtuous 
education of youth.” 

The first General Assembly at Upland legislated upon 
education. Instruction was to be given in the laws, and 
practical civics was to be taught in the schools. Legisla¬ 
tion in the next General Assembly made education compul¬ 
sory, and the county courts were directed to see to the en¬ 
forcement of the law. This was one of the strongest and 
most comprehensive compulsory education laws ever passed, 
and is unique in early American history. It is plain that 
William Penn wished to secure to Pennsylvania a complete 
system of public education; but the conditions were not fa¬ 
vorable, and the Frame of Government of 1701 is entirely 
silent upon the subject of education. Yet, without doubt, 


154 


THE AMERICAN CITIZEN 


Penn intended in the beginning to make education universal. 

297. The Oldest School. — But the oldest school in 
the Commonwealth dates back to those early times. The 
William Penn Charter School of Philadelphia was estab¬ 
lished in 1689, and chartered in 1697. It has been contin¬ 
uously in operation down to the present time, and ranks 
with the Parochial School of the Dutch Church, New York, 
and the Eatin School in Boston as one of the oldest schools 
in the country. It is an endowed school of a high order 
designed to give instruction in the classical languages, but 
free only to those whom the charter designated. In those 
early days the term “free school” was used as an equivalent 
for public school, but schools absolutely free were unknown. 
This “free school” of the Friends was a private institution 
managed by the leading Quaker citizens, and open to chil¬ 
dren of all denominations. It was not a public school such 
as we know to-day, but in one respect was a hundred years 
in advance of other schools, in that it admitted both sexes 
on equal terms. 

298. The Germ of a Great School. —As early as 
1726 a school for classical and theological studies was estab¬ 
lished by the Rev. Win. Tennent at Neshaminy in this 
State. It was known as the “hog College.” This school 
in the wilderness was the center of deep and abiding inter¬ 
est in education as well as in religion. It was a log house 
about twenty feet square, a habitation poor and mean. “But 
it is not the house and furniture that make a school — these 
are dead; the teacher is the school alive, the inspiring force 
that makes scholars and men.” Gathered about him in the 
old log schoolhouse were the choice young men of his time. 
Eternity alone will tell how much this college of the talent¬ 
ed Irishman did for higher education in this country. Out 
of this “Log College” grew directly that great Presbyterian 


ORIGIN OF THE SCHOOL SYSTEM 


i55 


institution of learning, Princeton University. Washington 
and Jefferson college, as well as Dickinson, had the same 
origin. The passionate devotion of such men has done im¬ 
measurable things for America. The spirit of their ances¬ 
tors, the old Scotch Covenanters, finds its highest exempli¬ 
fication in that picture, which we may see in the mind’s 
eye, of that great Pennsylvanian, Thaddeus Stevens, as he 
stood in the glory of his early manhood, with raven hair and 
finely chiseled face, braving popular disapproval and a hos¬ 
tile Legislature, when he won that greatest triumph of his 
eventful career, and by sheer force of eloquence saved the 
free school system of the Keystone State, that the blessing 
of education might be carried to the poorest child of the 
poorest inhabitant of the meanest hut on the mountains. 

299. The First Incorporated Academy. — Through 
the efforts of Benjamin Franklin, a school was established 
in Philadelphia in 1749, and incorporated as an Academy in 
1753. This was the first institution in America to be for¬ 
mally given that title. For its establishment and mainten¬ 
ance a fund was raised by subscription, and this was sup¬ 
plemented by a grant from the treasury of the city and by 
tuition fees. The academy was under the control of a self- 
perpetuating board of trustees, and there were three courses 
of study: Latin, English, and Mathematics. Much atten¬ 
tion was given to the teaching of the English language and 
literature, and to the mathematical sciences. At once the 
school became a high-grade seminary, at the same time fit¬ 
ting young men for college. Soon it had over four hundred 
students; was chartered with college privileges; had an ex¬ 
tended course of study, including a law department, and a 
medical department the oldest in America. It drew stu¬ 
dents from half the colonies, and at the close of the Revolu¬ 
tion was merged in the University of Pennsylvania. The 


THE AMERICAN CITIZEN 


156 

medical department from which that of the University took 
its rise was started in 1765. Boston had no medical school 
until 1783, and no general hospital until 1811. 

300. A Good Record. —With such a proud record of 
early scholastic life within her domain as is shown in these 
great living schools, the sons of the Commonwealth of Penn¬ 
sylvania have no reason to feel ashamed of her early efforts 
toward the education of her children. Amid the pressing 
duties of the vigorous physical growth of the colony in the 
early days of settlement, the high ideals of what education 
should do for the young were difficult of attainment. Dur¬ 
ing the colonial period many religious denominations estab¬ 
lished schools in various parts of the State. The history of 
these church schools and private schools is full of interest, 
and shows forth the tendency of the people to assume the 
local control of the schools. The idea of local self-govern¬ 
ment has always been strong in the Commonwealth. As 
the number of the church schools and private schools was 
far too small to supply the needs of the children, there 
arose a species of school which was the direct fore-runner 
of the public school, although poor and lacking in many 
essentials. 

301. The Neighborhood Schools. — In forming such 
schools, the people in a community united in providing 
such means as were possible for the education of their chil¬ 
dren. These “pay” or “subscription” schools were gener¬ 
ally established in sections settled by people of many differ¬ 
ent religious denominations, being less numerous in the 
older parts of the State. Very few church schools were 
ever established in the western part of the State. Common 
privations, common dangers, common interests, and com¬ 
mon toils gave rise to common schools. Our forefathers 
built schoolhouses, employed teachers, and sent their chil- 


ORIGIN OF THE SCHOOL SYSTEM 


i57 


dren to school as best they could; and the wonder is not 
that the schools were so poor, but that there were so many. 
When the act of 1834 made common schools possible, there 
were four thousand schoolhouses in the State that had been 
built by co-operative, localized effort. The period of the 
Revolution was one in which little was attempted in the 
matter of educational growth, and the first fifty years of 
independence were years of re-adjustment. But however 
the leaders may have differed in their views of the powers 
and'processes of government, they were a unit as to the prin¬ 
ciple that intelligence is necessary to citizenship. There 
was scarcely a neighborhood that did not have its school- 
hou.se in those early days. Neither in Pennsylvania nor 
elsewhere, whatever some writers may assert to the contrary, 
could intelligence spring suddenly out of ignorance, nor 
good and sufficient schools be provided at once for the en¬ 
tire people. These neighborhood schools, crude and poor 
as they were, had the merit of being thoroughly republican 
in principle. When legislation came to perfect the form 
and systematize the working of a plan which had been 
adopted voluntarily by thousands of communities in the 
State, a grand home-grown system of public schools was 
the result. And this local control of school affairs has ever 
been the fundamental principle of the system of public edu¬ 
cation in Pennsylvania. 

302. Educating the Poor as a Class. — Soon after 
the close of the Revolutionary war the fact began to be rec¬ 
ognized by many that education is fundamental to the civ¬ 
ilization of a republic. In the w T ords of Washington: “in 
proportion as the structure of a government gives force to 
public opinion, it is essential that public opinion be enlight¬ 
ened.” Yet the means taken to secure results were very 
imperfect. The constitution of 1790 contained the follow- 


158 


THE AMERICAN CITIZEN 


ing provision: ‘ ‘The legislature shall as soon as convenient¬ 
ly may be, provide by law for the establishment of schools 
throughout the State, in such a manner that the poor may 
be taught gratis.” 

This was incorporated into the constitution of 1838, and 
remained the only constitutional provision on the sub¬ 
ject of education until 1874. For many years after 1790, 
all efforts toward general education were directed to pro¬ 
viding instruction free to those who were too poor to pay 
for it themselves. The Legislature did not attempt to es¬ 
tablish schools, but only to make provision for the educa¬ 
tion of poor children in the church and neighborhood 
schools already existing. Such a system could not but fail 
in a State where the principle of equality has always held 
firm; yet out of these schools came at last the great idea 
that education must be free and universal. 

Some of the acts passed by the Legislature — especially 
that of 1809 — compelled the parents to make a public rec¬ 
ord of their poverty, and thus to send their children to 
school with this mark upon them. This plan of making 
the rich pay tuition fees, and the poor declare themselves 
paupers was odious to all; yet it differed little from the 
rate-bill policy which prevailed in the so-called free school 
States of New England. As definite a mark of class-dis¬ 
tinction was set upon the poor in those States as in Penn¬ 
sylvania. It has been justly said that a State with rate-bills 
may have a system of public schools, but it cannot be said 
to have a system of free schools. In adopting a system of 
absolutely free schools, Pennsylvania was one of the fore¬ 
most States in the Union. 

303. The Free School Act of 1834. — The passage 
of the common school act of 1834 is historically the most 
important event connected with education in the State — 


ORIGIN OF THE SCHOOL SYSTEM 159 


the first great victory for free schools in Pennsylvania. The 
act was entitled ‘ ‘An act to establish a general system of ed¬ 
ucation by common schools.” The vote in the Legislature 
was nearly unanimous; but the victory was too easily 
gained to be secure without further struggle, and the real 
contest took place in the next Legislature. There, in the 
fight against the repeal of the bill, the victory was at last 
gained under the masterly leadership of Thaddeus Stevens. 

The law of 1834 was well received in the northern and 
western counties, but met with violent opposition in the 
central and southeastern counties. Many reasons for oppo¬ 
sition were urged. Some people held that the education of 
the masses was dangerous, in that it encouraged idleness, 
vice, and crime; others were opposed because of lack of 
sympathy with free schools and of reluctance to be taxed 
for the support of education. Churches had established 
schools, and many of the members could see no reason why 
these should be abandoned and new schools provided through 
taxation. The large German element in the population of 
some sections feared that the German language would be 
displaced, since all teaching in the new schools was to be in 
English. 

Undismayed by the storm of opposition, the friends of the 
public schools rallied to their support. Not only was the 
attempt at repeal defeated, but some very valuable amend¬ 
ments to the act were secured. One great feature of this 
fight for the public schools was the great speech made in 
the house bf representatives by Thaddeus Stevens. The 
one thing which he ardently desired above all others, was 
to see Pennsylvania standing up in her intellectual strength, 
as she confessedly does in her physical resources, high 
above her rivals. Near the close of his life the great states¬ 
man, who had done so much for the very life of the nation, 


6 o 


THE AMERICAN CITIZEN 


said that he had done nothing upon which he looked back 
with such pride as upon his defense of the free school sys¬ 
tem of the Commonwealth of Pennsylvania. 

Three Governors of the State must be mentioned as ren¬ 
dering particularly valuable .services toward the adoption of 
the public school system,— Governors Shulze, Wolf, and 
Ritner. Governor George Wolf, a teacher, had the honor 
of signing the free school act of 1834. 

304. A Period of Organization. — By the act of 1834 
the schools were made accessible alike to the rich and the 
poor, and a great step was taken toward securing to every 
child the opportunity of acquiring a good English educa¬ 
tion. But the work was but just begun; and, in the Legis¬ 
lature of 1836, earnest efforts were made to correct the 
school law and to mould it into working shape. The real 
foundation of our present system of common schools is the 
law of 1836, many of its provisions remaining in full force 
to-day. Thomas H. Burrowes, at that time secretary of the 
Commonwealth and superintendent of common schools, did 
more than any other man to put into successful operation 
our common school system. The teachers and the. people 
reap to-day the fruits of his wisdom and labors. 

305. An Educational Revival. — After this period 
of organization came the important educational revival 
movements of 1854 and 1857, when laws were enacted that 
have done much to give life and strength to the system of 
schools. The provision establishing the office of county 
superintendent was the great feature of the lkw of 1854. 
This has been of untold benefit to popular education, and 
has vitalized and made effective the work of the whole sys¬ 
tem. It has placed the State system of schools far in ad¬ 
vance of those systems which have either never had the 
office of county superintendent, or never have specified any 


ORIGIN OF THE SCHOOL SYSTEM 161 

literary or professional qualifications for those holding the 
office. ' 

306. The Establishment of Normal Schools. —As 

a result of the work of the county superintendency came 
the demand for State normal schools. Normal institutes 
were established in various counties. In the little town of 
Millersville, Lancaster county, was established, under the 
guidance of county .superintendent James P. Wickersham, 
an institution which by its success largely decided public 
opinion in favor of normal schools for the training of teach¬ 
ers. It had great influence in shaping the normal school 
policy of the State, and became the first of our State normal 
schools, and the mother of all of them. 

307. Names Worthy of Remembrance. — The 
names of Governors and State superintendents and deputy 
superintendents are to be remembered in connection with 
these revivals in educational interest. Many chapters in 
the history of education might be written concerning each. 
Thomas H. Burrowes drafted the normal school law, and 
rendered other distinguished services as an educator. 
Henry L,. Dieffenbach prepared the final draft of the re¬ 
vised school law of 1854; and Governor William Bigler was 
constantly consulted during the revision, and used his per¬ 
sonal influence in securing its passage. Henry C. Hickok, 
by his vigilance and zeal and by the support of Governor 
James Pollock, was enabled to protect the act of 1854 and 
the county superintendency. He helped to secure the pas¬ 
sage of the act under which the normal schools were estab¬ 
lished. Andrew G. Curtin, who as Governor of the State 
during the civil war made a great record in support of the 
Nation, as State superintendent of common schools in 1856 
did much to steady the work of school reform by his con¬ 
servative policy. State superintendents James P. Wicker- 


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THE AMERICAN CITIZEN 


sham and Elnathan E. Higbee, in the era of growth which 
followed the close of the civil war, rendered distinguished 
services to the perfecting of a system of schools in which 
every child may consider himself as started on a way which 
may lead him to the highest places. The labors of State 
superintendents D. J. Waller, Jr. and Nathan C. Schaeffer, 
and their able deputies Henry Houck, John Q. Stewart, 
and A. D. Glenn, are too well known to need commen¬ 
dation to the teachers of the State which has been honored 
by their supervision. These educators have exercised great 
influence upon legislation, and under their efficient direc¬ 
tion many improvements have been made in the school sys¬ 
tem of the Commonwealth of Pennsylvania. 


CHAPTER XXI 

EDUCATION: THE SCHOOLS TO-DAY 

308. The District the Unit. — Under the provisions 
of the general laws concerning education, the State has 
what is known as the district system of public schools. 
These school districts conform substantially with the polit¬ 
ical divisions of the State. Each township, borough, or 
city is a distinct corporation for school purposes. The law 
makes provision for the organization of special and inde¬ 
pendent districts under certain circumstances; but it is not 
the intention to cut up townships into single districts for 
each school, nor to separate the wealthier portion of a 
township from the poorer portion to the prejudice of the 
rights and interests of the latter. A school district contains 
on an average about ten schools, all under the control of 
the same school officers. There are, in round numbers, 
twenty-six hundred [2561] school districts in the State. 

309. The School Directors. — The school affairs of 
each district are administered by a board of school directors 
or controllers. These officials are chosen by the voters at 
the regular local election on the third Tuesday in February. 
They hold office for a term of three years, and serve with¬ 
out pay. Directors take office on the first Monday in June, 
and are required to organize within ten days after. The 
officers of a school board are a president, secretary, and 
treasurer. In cities, the first two of these must be members 
of the.board; but in the township and borough districts the 
secretary may be a member of the board, or otherwise. 


164 


THE AMERICAN CITIZEN 


The school board consists of six members in the townships 
and small boroughs, and generally of a larger number in the 
large boroughs and cities. There are over sixteen thousand 
six hundred school directors or controllers in the State. 
Directors have the power to purchase grounds, to erect 
schoolhouses, to levy and collect taxes for the regular sup¬ 
port of the schools and for building purposes, to regulate 
the course of study except as to studies prescribed by law, 
to expel all incorrigible children, to purchase text-books, 
to employ teachers, and to determine salaries. A school 
board is a body corporate, and can make contracts, acquire, 
hold, and dispose of property. It exercises general super¬ 
vision over the schools of its entire district. Directors 
must hold at least one regular meeting every three months, 
and must have every school visited by at least one of their 
number once every month. They are required to make an 
annual report to the county superintendent. A township 
board acts as a board of health, and may appoint a sanitary 
agent under the approval of the court. 

The school directors meet in convention at the county 
seat every three years and elect a county superintendent for 
the three succeeding years. His salary shall be ten dollars 
for each of the first one hundred schools within his juris¬ 
diction, five dollars for each school above one hundred and 
not over two hundred, and two dollars for each school over 
two hundred; but in no case to be less than $1000 nor more 
than $2000. School directors may, however, increase the 
salary out of the school fund of the county. In counties 
having over two hundred ninety schools, or 1200 square 
miles of territory, or a school term exceeding seven and 
one-half months, the salary cannot be less than $1500. The 
county superintendent cannot teach in the public schools 
unless he does so without compensation. 


EDUCATION 


165 

310. Number of Schools. — There are in the State 
over thirty-one thousand [31319] schools with about one 
and one-quarter million children in attendance, and over 
thirty-two thousand teachers. The law makes the pro¬ 
vision of a sufficient number of schools compulsory, and they 
must be kept in session at least seven months in the year, 
but not more than ten months. It is the manifest intention 
of the law to give to every individual in the State, above the 
age of six and under twenty-one years, an opportunity of 
attending school at least seven months in each year. If the 
directors refuse or neglect to afford such an opportunity, 
they may be removed from office. 

311. State Expenditures. — The money expended in 
the support of the public schools is derived from two 
sources: direct local taxation in the school disticts, and the 
State appropriation (164). The latter amounts to five and 
one-half million dollars annually. The amount raised by 
local taxation is very large; so that the total annual expen¬ 
ditures for public school purposes are about twenty-nine 
million dollars. The State has no invested school funds, 
but the total value of public school property exceeds seven¬ 
ty million dollars. 

Under the law for the distribution of the school fund, 
one third of the money is distributed on the basis of the 
number of taxables; another third is distributed on the 
basis of the number of paid teachers regularly employed; 
and the remainder on the basis of the number of children 
of school age between six and sixteen years. This law 
works to the advantage and efficiency of the country 
schools. 

The public schools educate the great mass of the children 
of the State, and are constantly growing more efficient and 
popular. 


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THE AMERICAN CITIZEN 


312. Free Text-book System. — In order to bring 
the advantages of free schools fully home to all, the State 
has an excellent plan for furnishing free school books. 
School directors are authorized and required to purchase, 
at the expense of their respective school districts, all the 
necessary school books and supplies for the use of children 
in attendance upon the schools. Books and school supplies 
are furnished free of cost to all children in attendance. 
Each district determines for itself all questions which may 
arise as to the adoption, purchase, and introduction of 
school books, without any interference by county or State 
authorities. The progress of education is not allowed to be 
retarded by State or county uniformity in the matter of 
text-books. Efforts have at times been made to enact laws 
providing for uniformity in the school districts throughout 
the Commonwealth. The intention was that the State 
should undertake to prepare and publish all text-books 
used in the schools. It has been thought best, however, to 
leave the selection of school books, as well as the building 
of schoolhouses and the employment of teachers, in the 
hands of the immediate neighbors and representatives of the 
people they serve. Eocal control is a basic principle in the 
public school system of Pennsylvania. 

313. Certain Studies Required. — Certain studies 
are required to be taught in the public schools; these 
branches are orthography, reading, writing, English gram¬ 
mar, geography, arithmetic, and physiology and hygiene. 
The directors may require other studies; and the law con¬ 
cerning the required qualifications of teachers in the Com¬ 
monwealth, names the other studies by implication. Be¬ 
sides a knowledge of the theory of teaching, the teacher 
must have a fair knowledge of the branches named above; 
and, also, of the history of the United States, civil 


EDUCATION 


167 


government, mental arithmetic, and elementary algebra. 

The law allows boards of directors to establish free kin¬ 
dergartens for children between the ages of three and six 
years. They may also establish free public libraries. 

314. Compulsory Education. — The State has a 
compulsory education law which applies to children be¬ 
tween the ages of eight and sixteen. There are exceptions 
to this rule; it does not apply, for example, to any child, 
between the ages of thirteen and sixteen, who can read and 
write the English language intelligently, and is regularly 
engaged in some useful employment. It requires continu¬ 
ous attendance during the entire time in which the public 
school is in session, unless excused from attendance for 
good and sufficient reasons by the board of directors. The 
school board has the power to reduce the period of compul¬ 
sory attendance to not less than seventy per centum of the 
school term in the district. Whenever this is done, the 
board must fix the time when compulsory attendance begins. 

Boards of directors in cities shall, and in all other dis¬ 
tricts may, appoint a truant officer, with police power, to 
be paid out of the school fund, to enforce the compulsory 
attendance law. Directors have also the power to establish 
special schools for habitual truants or those who are insub¬ 
ordinate or disorderly while in attendance upon the public 
schools. 

The good effects of this law are apparent, as is shown in 
the increased attendance, especially in the cities and more 
populous parts of the Commonwealth. One of the strong¬ 
est points in favor of the compulsory education law is its 
moral effect. The people are already beginning to realize 
the folly of neglecting the education of children, and can 
see the wisdom in the words of Chancellor Kent: “The 
parent who sends his son into the world uneducated, de- 


68 


THE AMERICAN CITIZEN 


frauds the community of a useful citizen, and bequeaths to 
it a nuisance.” Illiteracy and ignorance will not be ban¬ 
ished from our Commonwealth until public opinion rules 
that neither the cupidity and carelessness of the parents, 
nor the waywardness of the children themselves, shall be 
allowed to abridge youth’s right to acquire knowledge and 
receive moral training. 

The people of the Commonwealth demand that the public 
schools shall do more than educate in the sciences and the 
arts. With the increasing tide of immigration, and the ad¬ 
vances in the standards of living, comes the need that our 
schools shall develop in the pupils the American type of 
character. Among the essentials of that character we 
find the belief in law,— the respect for the will of the peo¬ 
ple which alone can make good citizens; a belief in a gov¬ 
ernment founded upon representation; and a belief in liber¬ 
ty, democracy, and equality — not equality in wealth or 
brains, but equality in opportunity to work and to develop 
the better self. It is the glory of our great nation to-day 
that we are the exemplars of such principles among the 
civilized nations of the world. 

315. High Schools. — A system of public instruction 
cannot be considered complete or satisfactory if it does not 
provide secondary schools for those who wish to pursue 
learning beyond the mere elementary branches. The high 
school meets this want, and is a direct outgrowth of the 
grading of schools in boroughs and cities. Wherever these 
schools have been established for giving the advantages of 
secondary instruction, the number of persons availing them¬ 
selves of the advantages afforded is much larger than many 
persons have supposed. These schools not only place this 
advanced instruction within reach of the great majority 
of young people; but they enable those who desire to attend 


EDUCATION 


169 


colleges and universities to so prepare themselves that they 
may enter upon those higher courses of study necessary to 
perfect and develop the powers with which man is endowed. 

The State makes generous provision for the support of 
high schools. In districts wherein the population is 5000 
or more, the boards of directors may establish high schools, 
free to all children under the age of twenty-one years, who 
reside in the district and who are found competent to enter 
upon the course of study provided. The law establishes 
three grades of high schools. A high school offering a 
course of instruction covering four years beyond what is 
prescribed in the elementary schools is accredited as of the 
first grade. High schools of the second grade and third 
grade offer three years and two years respectively in ad¬ 
vance of the common schools. The college of fifty years 
ago did not provide any course superior to that which the 
high school of the first grade now offers, free of charge, to 
all who will avail themselves of the benefits which it affords. 
Recent laws leading to the centralization of rural schools 
and the free transportation of pupils may do much to im¬ 
prove the condition of country schools. 

Directors of a township, or of two or more townships 
jointly, may establish high schools, which, maintaining the 
course prescribed by the State superintendent, shall be en¬ 
titled to appropriations from the State according to the 
grade of the schools maintained. 

A high school of the first grade receives, as aid each year, 
a sum not exceeding eight hundred dollars; of the second 
grade, six hundred dollars; and of the third grade, four 
hundred dollars. The directors of every district receiving 
aid as above must employ at least one teacher legally certi¬ 
fied to teach book-keeping, civics, general history, algebra, 
geometry, trigonometry and plane surveying, rhetoric, 


THE AMERICAN CITIZEN 


170 

English literature, Latin — Caesar, Virgil, and Cicero—, 
physics, chemistry, botany, geology, and zoology. 

316. Training of Teachers: Normal Schools.— 
The Commonwealth has a system of thirteen State normal 
schools established by joint State and private contributions, 
and controlled by boards composed of State and local trus¬ 
tees. Each school has extensive buildings, a large corps of 
instructors, and an annual attendance of several hundred 
students. The aggregate attendance is over six thousand, 
and most of these students are preparing to teach in the 
public schools of the State. Over one thousand teachers 
are graduated each year, and as many more go out to teach 
as undergraduates. The growth of these schools in recent 
years has necessitated the erection of many additional build¬ 
ings. The course of study extends over three years, and 
fits the graduate for position as teacher in the high schools 
and common schools. The tuition is practically free to all 
students who are preparing to teach in the public schools. 
The State superintendent of public instruction performs im¬ 
portant duties in regard to the examination of the gradu¬ 
ates, and is assisted therein by his deputies and by county, 
city, borough, and township superintendents whom he des¬ 
ignates for the purpose, The normal schools are thus an 
integral part of the system of public schools — not an ex¬ 
crescence— a part upon which the true elevation of the 
common schools vitally depends. For the degree of general 
and professional culture of the teachers determines the de¬ 
gree of culture of the vast majority of the young men and 
women of the State. Thus the education of the teacher be¬ 
comes a State question of great importance, because it af¬ 
fects the welfare of the whole people. Normal schools 
should prepare teachers for the common schools and for the 
high schools. Life alone cannot furnish the discipline of 


EDUCATION 


I 7 I 

school, and the results which the students obtain from 
school discipline and instruction will always be in exact 
proportion to the value of the teacher. Wherever a school 
fails in power and influence, it does so because of its teach¬ 
ers; wherever a school advances in influence and in educa¬ 
tional power, it is by means of better teachers. There is no 
other way. 

317. Teachers’ Certificates: Minimum Salary.— 

A teacher serving as such in the public schools must hold 
some regular form of certificate if compensation for services 
is expected. A teacher’s certificate should be an evidence 
of full qualification and permanent standing in a learned 
profession. But the needs of some of the rural districts 
render necessary the granting of some certificates of quite 
low grade. The certificate lowest in grade is the provision¬ 
al certificate, granted upon examination of candidates by 
county, city, borough, or township superintendents; these 
are good for one year only, are valid only where issued, 
and cannot be renewed without re-examination. Higher 
certificat.es are the professional, the permanent, the normal 
certificates, the practical teachers’ State certificate, and the 
State teachers’ permanent certificate which is granted to 
graduates of college by the State superintendent upon proof 
of three years’ successful teaching in the public schools. 
After two years’ successful teaching, normal graduates may 
receive life certificates. 

The minimum salary paid to teachers shall be $35 per 
month. Any district failing to comply with this provision 
forfeits its State appropriation during the whole time the 
law is violated. 

318. Institutes. — Once in each year the county 
superintendent is authorized and required to organize the 
teachers into an institute for improvement in the science 


IJ2 


THE AMERICAN CITIZEN 


and art of education. The time and place of meeting, the 
selection of the instructors, and the general management of 
the institute are by law entirely subject to his control. The 
institute is one of the most important agencies for inspiring 
teachers to do their best work. Pennsylvania has the best 
system of institutes ever devised. It reaches all the teach¬ 
ers and the absences from sessions are few. Instances are 
on record in which every teacher in a county was in attend¬ 
ance. Funds are appropriated from the county treasury to 
enable the superintendent to secure the best instructors. 
The schools are dismissed wdiile the institute is in session, 
and teachers in attendance receive the same pay as while 
engaged in teaching. The interest which the superintend¬ 
ent naturally takes in the success of his institute leads to an 
adaptation to the local needs and a degree of inspiration sel¬ 
dom reached in States which place upon the State school de¬ 
partment the management of teachers’ institutes. Pennsyl¬ 
vania is one of the few States which use the word Common¬ 
wealth in the State constitution; this is significant, for the 
whole tendency is against the centralization of power. The 
school laws do not vest in the State superintendent any au¬ 
thority, or impose upon him any dufies in connection with 
annual institutes; yet the State superintendent and his dep¬ 
uties are among the most popular instructors at county and 
city institutes. The annual institute has become a very po¬ 
tent factor in molding public opinion. 

Cities and boroughs having not less than fifty teachers 
may have separate institutes, the city or borough superin¬ 
tendent directing and controlling as the county superin¬ 
tendent does in the county institute. Under the auspices 
of the county institutes have grown up the directors’ con¬ 
ventions which assemble at the county seat during institute 
week. Usually one session of the teachers’ institute is de¬ 
voted to a joint meeting of the directors and teachers. 


EDUCATION 


173 


319. Higher Education. — There are thirty-four col¬ 
leges and universities in the State, some of them among the 
foremost in the country. The University of Pennsylvania 
is a great school, the oldest of our higher institutions of 
learning. Opened in 1749 in a room in a private dwelling, 
it has grown until its buildings are among the finest and 
most imposing structures of their kind in the United States. 
Thousands of students are in attendance, and, in the sense 
of teaching the whole circle of sciences, the University of 
Pennsylvania well deserves its name. 

Among the other higher institutions of learning may be 
mentioned: Uafayette, Franklin and Marshall, Allegheny, 
Dickinson, Washington and Jefferson, Pennsylvania, Bryn 
Mawr, Swarthmore, Westminster, Grove City, and Villanova 
colleges (165); and Western University, Bucknell Univer¬ 
sity, and Uehigh University. State college is supported by 
State and National funds, and its special work is to train 
students in those branches of learning which are fundamen¬ 
tal in modern industrial pursuits. An institution which has 
an immense endowmient is Girard college in Philadelphia, 
founded as a college for the education of orphan boys. Be¬ 
sides these schools, there are many excellent professional, 
technical, and art schools; and the medical schools of Phil¬ 
adelphia have long been noted for their excellent work. 
The Carnegie technical schools, recently established in 
Pittsburg, give to earnest students that’ special training 
necessary to fit them for active duties in that great indus¬ 
trial center. The growing appreciation of higher educa¬ 
tion, and the demand for men and women of superior 
training, should do much to encourage the friends of the 
colleges and universities of our Commonwealth. 


CHAPTER XXII 

THE DEVEEOPMENT OF THE STATE 
CONSTITUTION 

320. Bases of Government. — Government in Penn¬ 
sylvania, historically considered, naturally falls into three 
great divisions: — (l), the provincial period, extending 
from Penn’s grant in 1681 to the Revolution in 1776; (2), 
the revolutionary period, ending with the adoption of the 
State constitution of 1790; and (3), the period of the Com¬ 
monwealth, beginning with the adoption of the State con¬ 
stitution of 1790. 

As has been previously stated, the bases of the govern¬ 
ment of our State are found in the charter of King Charles 
granted in 1681; the “Frame of Government” of 1682-3; 
the “Great Eaw” adopted by the first Assembly at Chester; 
and the “Charter of Privileges” granted by Penn in 1701, 
— which continued to be the practical constitution of Penn¬ 
sylvania until the Revolution. 

321. State Constitutions. — The first constitution of 
Pennsylvania was inspired by a resolution, passed by the 
Continental Congress in May 1776, recommending the 
assemblies and conventions of each of the colonies to adopt 
such government as would best lead to the happiness and 
safety of the people. Under the initiative of the Commit¬ 
tee of Safety in Philadelphia a State Convention, with 
Franklin as president, adopted a new constitution Septem¬ 
ber 28, 1776. The State government was organized, and 
the new constitution was delivered to the General Assembly 


DEVELOPMENT OF THE CONSTITUTION 175 


at its first meeting, immediately after the speaker had been 
chosen. Thus this first constitution went into effect a short 
time after independence was declared. It was framed and 
adopted by a convention elected by the people. 

The constitution thus framed by State Convention, after 
the old Assembly which went back to the days of Penn had 
fallen to pieces in the summer of 1776, was novel in many 
features and made the government of the State a centralized 
democracy. The first section placed the power in the hands 
of an Assembly, a Council, and a President. The supreme 
legislative power was vested in the Assembly, called the 
House of Representatives, and elected annually by the 
qualified electors of the Commonwealth. Members of the 
Supreme Executive"*Council were elected for three years. 
One was elected for each county and one for the city of 
Philadelphia. On joint ballot the Assembly and Council 
elected annually the President and Vice-President. The 
President and the Council were the executive branch of the 
government. The Vice-President acted in the absence of 
the President. There was no senate, and no veto. A novel 
feature was the Council of Censors, chosen once in seven 
years. Its duty was to inquire whether the constitution 
had been kept inviolate, the taxes properly levied, the pub¬ 
lic money wisely expended, and the laws duly carried out. 
This Council of Censors, largely judicial in its character, 
was regarded as the bulwark against the tyranny of officials 
and the unjust acts of lawmakers. 

Pennsylvania was the only one of the States which at 
first attempted to establish a single House of Assembly, 
Franklin himself being so far carried away by the principle 
of the sovereignty of the people, as to have concurred in the 
measure; but the imperfections in the plan soon called for 
change in the fundamental law, and the creation of a new 
constitution. 


176 


THE AMERICAN CITIZEN 


In 1789 the General Assembly, which *as we have seen 
consisted of the house of representatives only, submitted to 
the people the question of calling a convention to draft a 
new constitution. The majority of votes cast favored the 
calling of the convention, and at the next election delegates 
were chosen. The second constitution — that of 1790 — 
was the result of their labors. The Constitution of the 
United States had suggested valuable ideas. The General 
Assembly was made to consist of the senate and the house 
of representatives; and the Governor, as the new executive 
was called, was elected directly by the people. 

The third constitution,— that of 1838,— and the present 
one, which went into effect January 1, 1874, were drafted 
by constitutional conventions called in the usual manner. 
The third constitution was submitted to the electors and 
ratified by them October 9, 1838. It was amended in 1850, 
1857, and 1864. The present constitution was ratified by 
the electors of the Commonwealth December 16, 1873. 

322. The People Supreme. — If we study the man¬ 
ner in which these constitutions have been made, we shall 
see that a constitution is a frame of government established 
by a superior authority creating a subordinate lawmaking 
body which can do everything except violate the terms 
and transcend the powers of the instrument to wdiich it 
owes its own existence. When the province of Pennsyl¬ 
vania became the State, and the connection with Great 
Britain was severed, the authority of the king passed over, 
not to the General Assembly which was still limited, but to 
the people of the now independent Commonwealth. The 
wall of the people speaks through what is now the State 
constitution, the fundamental organic law of the Common¬ 
wealth. 

323. Constitutions a Growth. — Useful constitutions 



MOUNT VERNON 





















DEVELOPMENT OE THE CONSTITUTION 177 


are always a growth, and the elements which compose them 
are the products of progressive history. As we have seen 
in the study of the several “Frames” granted by William 
Penn, and also in the several forms which our own State 
constitutions have assumed, constitutions continue to grow 
after they have been formed. They show a tendency to 
become much longer, and to regulate an increasing number 
of subjects. They cannot be written in unyielding lan¬ 
guage; for society changes, and constitutions must change 
with it. Nor should we forget the processes through which 
the State constitution has developed. One unceasing cry 
for liberty, the truest and the best, is heard all down the 
centuries of growth. At Germantown in 1688, the German 
Quakers or Mennonites voiced the first organized effort 
against slavery on American soil. “Have these negers not 
as much right to fight for their freedom as you have to keep 
them slaves?” On the eve of the Declaration of Indepen¬ 
dence, the Quakers of Pennsylvania commanded all Friends 
to free their slaves. On March 1 , 1780, the Assembly of 
Pennsylvania passed an act — the first on record—pro¬ 
viding for the emancipation of slaves within the Common¬ 
wealth . 

The antiquity of Pennsylvania as a separate Common¬ 
wealth, running back into the heroic ages of the early col¬ 
onies and the days of the Revolutionary War, should be a 
potent source of local pride and patriotism to all who dwell 
within the limits of the State. As one of the original 
States, she gives a sense of historic growth and individual 
corporate life which could not be possessed were the Com¬ 
monwealth the mere creature of the Federal Government. 

With this idea of growth in mind, let the student of 
civics carefully consider the constitution of the Common¬ 
wealth of Pennsylvania. 


CHAPTER XXIII 


THE PREAMBLE: DECLARATION OF RIGHTS: 
AMENDMENTS 

324. The Enacting Clause. — The first clause of the 
State constitution (l) is known as the preamble, and is in 
reality its enacting clause. It is an integral and necessary 
part of the constitution, and gives to the act all its force 
and effect. 

325. What its Elements are.—The preamble names 
the power that acts or speaks: “We, the people of the Com¬ 
monwealth of Pennsylvania,"— 

It tells the feelings which impel to the action, and the 
only recognized higher power: “grateful to Almighty God 
for the blessings of civil and religious liberty, and humbly 
invoking His guidance,”— 

And then tells what is done: “do ordain and establish 
this constitution.” 

This constitution was framed and adopted by a conven¬ 
tion called by the General Assembly; yet these actions were 
only steps toward the great and binding acts of adoption by 
the convention, and final ratification by the people. The 
government proceeds directly from the people, and is or¬ 
dained and established in the name of the people. The 
spirit of a time of peace animates the brief preamble. 

326. Declaration of Rights.—“That the general, 
great, and essential principles of liberty and free govern¬ 
ment may be recognized and unalterably established, we 
declare that”— 


BILL OF RIGHTS 


179 


Here follow twenty-six propositions, many of them gen¬ 
eral political maxims and abstract statements of natural 
rights, yet serving to set forth the limitations which the 
people have placed upon their government. These propo¬ 
sitions answer the purpose of a Bill of Rights. 

327. The Bill of Bights. — Each section in this dec¬ 
laration of rights is in a sense an assertion of the rights of 
the individual citizen as against the exercise of despotic 
power by the government. Historically considered, it is 
the most interesting part of the State constitution, and is a 
direct inheritance from the Magna Charta and all similar 
declarations and enactments down to the time of the 
English Bill of Rights of 1689. The enunciation of these 
general maxims of personal and political freedom has prac¬ 
tical value as a safeguard against tyranny; and also as a re¬ 
minder to the State Legislature of those fundamental prin¬ 
ciples of freedom which must not be overlooked. The in¬ 
fluence of the Declaration of Independence may be traced 
in this declaration of rights. 

328. Natural Rights. — All men are born equally 
free, and have a natural, inherent, and indefeasible right to 
enjoy and defend life and liberty, to acquire, possess, and 
protect property and reputation, and to pursue their own 
happiness (2). 

329. Object of Government. — The true object of 
all government is the peace, safety, and happiness of the 
people, in whom is vested all power and right to alter, re¬ 
form , and abolish their government in such manner as they 
may think proper (3). 

330. Religious Liberty. — All men have the right to 
worship Almighty God according to the dictates of their 
own consciences (4). To this full freedom of religious 
opinion and worship is added the equality before the law of 


8 o 


THE AMERICAN CITIZEN 


all denominations and their members. Yet God is decidedly 
acknowledged throughout the State constitution, and a man 
is declared ineligible for office if he does not believe in God, 
and in the existence of a future state of rewards and pun¬ 
ishments (5). 

331. Elections Free and Equal. — Elections must 
be free and equal; and no civil or military power shall at 
any time interfere to prevent the free exercise of the right 
of suffrage (6). 

332. Freedom of Press and Speech. —The printing 

press shall be free to every person, and no law shall ever 
be made to restrain this right (8). Every citizen may freely 
speak, write, and print on any subject, but is responsible 
for abuse of that invaluable liberty. 

333. Security of Person and Home. —The people 
shall be secure in person and home from unreasonable 
searches and seizures (9); and no warrant to search any 
place or seize any person or things shall be issued without 
probable cause nor without description. 

334. Trial by Jury. — The right of trial by jury re¬ 
mains inviolate (7). In all criminal prosecutions, the ac¬ 
cused has the right to a speedy public trial by an impartial 
jury. He has the right to be heard by himself and his 
counsel, to know the nature and cause of the charge, to 
meet the witnesses face to face, and to compel attendance 
of witnesses. He cannot be compelled to give evidence 
against himself, nor can he be deprived of life, liberty, or 
property except by the judgment of his peers or the law of 
the land (10). A person once tried for an offense and 
acquitted, cannot be placed on trial again for the same 
offense (11). 

335. Bail: Habeas Corpus. — Excessive bail cannot 
be required, nor excessive fines imposed, nor cruel punish- 


BILL OF RIGHTS 


181 

ments inflicted (14). Reasonable bail shall be accepted 
unless for capital offenses (15). The privilege of the writ 
of habeas corpus shall not be suspended, unless when in case 
of rebellion or invasion the public safety may require it. 

The term bail implies safe-keeping or delivery for a 
special purpose. It may mean the delivery of a person 
arrested, either on civil or criminal process, from the cus¬ 
tody of an officer of the law, into the safe-keeping of cer¬ 
tain friends who give security for his appearance before the 
court at a given time, or for his performance of the judg¬ 
ment of the court. While the person released on bail is in 
fact generally allowed to be at large, he is regarded by law 
as in the custody of the persons who go his bail. Since the 
law presumes every man innocent until he is proved guilty, 
it would be unjust, in case of the person charged with the 
commission of a crime, to keep him in jail until the time of 
his trial, if by any other means his appearance for trial at 
the appointed time might be secured. Therefore the law 
provides that in all civil cases the defendant may give bail 
as a matter of right, and generally in criminal cases, unless 
he is charged with a capital offense. Where an assault has 
been committed under such circumstances as to make it 
murder if the injured person may die, and there is reason¬ 
able probability that death may result, the court generally 
refuses to admit of bail. Excessive bail is forbidden by the 
constitution. In case the men who go bail for another 
have fears that the accused may run away from his trial, 
they may deliver him up to the sheriff and be released from 
further responsibility by complying with certain legal forms 
of surrender. A man who thus “jumps” his bail is not 
thereby relieved from trial; but when found and put upon 
trial would be more likely to be convicted, and indeed, more 
severely punished than if he had not tried to avoid his trial. 


82 


THE AMERICAN CITIZEN 


336. Right and Justice. — All courts shall be open 
(12), and every man for an injury done him shall have rem¬ 
edy in due course of law. Right' and justice shall not be 
sold, denied, nor delayed. The words of Magna Charta 
have the same true ring: “We will sell to no man, we will 
not deny to any man, either justice or right.” No com¬ 
mission of oyer and terminer or jail delivery shall be 
issued (16). 

337. Taking Private Property for Public Use.— 

The State can exercise the right of eminent domain, — that 
is, may take private property for public use; but it must 
pay a just compensation (ll). 

338. No Imprisonment for Debt. — Imprisonment 
for debt is forbidden, except in case of fraud (17). 

339. No Ex post facto Laws. — It is provided that 
no ex post facto law, nor any law impairing the obligation 
of a contract shall be passed (18). 

340. Bills of Attainder: Estates of Suicides.— No 
bills of attainder shall be passed by the Legislature (19); 
and the estates of suicides shall descend in the ordinary 
course of law (20). 

341. Right to Assemble and to Petition. — The 

people have the right to assemble together for their common 
good, and also to petition for redress of grievances (21). 

342. Right to Bear Arms. — The right of citizens to 
bear arms in defense of themselves and the State (22) shall 
not be questioned. To deny the people this right is a means 
employed by despotic rulers to enforce arbitrary govern¬ 
ment. This clause renders possible the citizen soldiery or 
militia. 

343. No Standing Army: Military Subordinate 
to Civil Power. — The State does not have a permanent 
army of professional soldiers; and the military power is in 


BILL OF RIGHTS 


183 


strict subordination to the civil power (23). Nor can sol¬ 
diers be quartered upon the people (24). 

344. Titles of Nobility. — No titles of nobility nor 
any hereditary honors, privileges, or emoluments can be 
granted (25). 

345. Emigration. — Emigration from the State shall 
not be prohibited (26). 

346. Power of Suspending Laws. — No power of 
suspending laws (13) shall be exercised except by the Leg¬ 
islature or by its authority. 

347. Excepted and Forever Inviolate. — To guard 
against transgressions of the high powers which we have 
delegated, we declare that everything in this article is ex¬ 
cepted out of the general powers of government, and shall 
forever remain inviolate (27). 

348. How Amendments are Made. — The supreme 
court has decided that the article which provides for amend¬ 
ments (207) is complete in itself, and provides all the ma¬ 
chinery that is necessary to be followed in the amendment 
of the State constitution. The method of procedure is as 
follows: 

The amendment is introduced into the General Assembly 
in the form of a joint resolution. “Be it resolved by the 
senate and house of representatives of the Commonwealth 
of Pennsylvania in General Assembly met, That the follow¬ 
ing is proposed as an amendment to the constitution of the 
Commonwealth of Pennsylvania, in accordance with the 
provisions of the eighteenth article thereof:”— 

After passing both branches of the Legislature, the reso¬ 
lution may or may not be submitted to the Governor for his 
approval. The supreme court has decided that such sub¬ 
mission is not necessary. The secretary of the Common¬ 
wealth must then cause the amendments to be published 


8 4 


THE AMERICAN CITIZEN 


throughout the State at least three months before the next 
general election. 

If the General Assembly next afterwards chosen passes 
the joint resolution, the secretary of the Commonwealth 
again publishes the amendments, and they are submitted to 
the vote of the qualified electors of the State. If approved 
by a majority of those voting thereon, they become a part 
of the State constitution (208). 

349. Recent Amendments. — Three amendments 
were ratified by the people November 5, 1901. The vote 
on the second amendment was 194,053 yeas and 41,203 
nays, in a total vote of 848,342 on candidates. 

The third amendment nullifies the requirement that regis¬ 
tration shall be uniform throughout the State; since laws 
regulating and requiring registration may be enacted to 
apply to cities only, but such laws must be uniform for 
cities of the same class. The second amendment reads 
as follows: “All elections by the citizens shall be by 
ballot or by such other method as may be pre¬ 
scribed by law: Provided, that secrecy in voting be pre¬ 
served.” According to this amendment, the ballots used 
hereafter in elections will be unnumbered, and shall not be 
marked in any way that it may be ascertained who deposited 
them. This provision secures a ballot absolutely secret. A 
proviso in the ballot law of 1893 states that if at any time 
the constitution ceases to require ballots to be numbered, 
no number shall be marked on the ballot, and it shall be 
deposited in the ballot box by the voter himself. This 
amendment makes possible the enactment of laws author¬ 
izing the use of voting machines in the election system of 
the State. 


CHAPTER XXIV 

THE STATE AND THE NATION 

350. State Governments as Models. —It is believed 
that the State should come first in the study and descrip¬ 
tion of the government of the country, because the govern¬ 
ment and Constitution of the United States were construct¬ 
ed in conformity to models and precedents from the various 
States. The great bulk of the business of government rests 
w r ith the State authorities. The State dispenses justice and 
right, bears the weight of the control of its citizens, and still 
stands nearest to the people in all social and legal relations. 

351. The Scope of State Power. —The authority of 
a State is an inherent not a delegated authority. In all or¬ 
dinary matters, the State rules its citizens without the in¬ 
terference of the Federal government. Our State courts 
make a complete judiciary. system from top to bottom, 
independent of the courts of the United States in many im¬ 
portant respects, yet at the same time not entirely unrelated. 
The Commonwealth of Pennsylvania has all the powers of 
an independent government, except such as it has delegated 
elsewhere. The State government and the National govern¬ 
ment are complements to each other. In the great mass of 
affairs in ordinary life, those which relate to the Govern¬ 
ment of the United States form the exception, while those 
relating to the State government constitute the rule. The 
powers not delegated to the United States by the Federal 
Constitution nor prohibited by it to the States, are reserved 
to the States respectively or to the people. 


186 


THE AMERICAN CITIZEN 


352. Scope of the Federal Power. — All the powers 
of the general government are such as affect interests which 
could not be regulated harmoniously by any scheme of sep¬ 
arate action by the several States. The Federal govern¬ 
ment has only such powers as it can be affirmatively shown 
to have received; and while these appear large by enumer¬ 
ation, they are really small compared with the vast power 
which remains with the States or with the people. 

The Constitution and laws of the United States form the 
supreme law of the land (X 2 ), not because they are set 
above the constitutions and laws of the States, but because 
they are integral parts of the law of each separate State. 
The Constitution is a part of the State law in so much as it 
limits the sphere of State activity; but the laws passed by 
Congress are also portions of State law which all are bound 
to obey. 

No State can as a single commonwealth deal politically 
with or act upon any other State. The United States as a 
nation has been called a Banded-State. The powers grant¬ 
ed to Congress have proved sufficient to bind the States to¬ 
gether in a Union that is strong because of the partition of 
powers between the Federal government and the individual 
States. While the United States government must not en¬ 
croach upon the sphere of the several States, it is vested 
with higher powers of government worthy of the most care¬ 
ful study. The Constitution of the United States is a clear 
sketch of the fundamentals of good government. 

353. Brief Outline of the Government of the 
United States. — The foundation of the government of 
the United States is the National Constitution, which is the 
supreme law of the land (X 2 ). All laws made by Con¬ 
gress, or by the legislature of any State, or any ordinance 
or rule of a county, borough, or city, or even of a school 


STATE AND NATION 


187 


district, is void if it is not in accord with the National Con¬ 
stitution. The local government and the State government, 
each with great variety of detail, must move in harmony 
with the government of the United States. 

The National Government consists of three branches: the 
Legislative, the Executive, and the Judicial. 

The Legislative branch consists of the Senate and the 
House of Representatives, and is called Congress (B). Bills 
are passed by Congress, and become laws when signed by 
the President. If, however, the President neither signs nor 
vetoes a bill within ten days after its passage, it becomes a 
law without his signature, unless Congress, by adjourn¬ 
ment prevent its return. A vetoed bill may be passed again 
by a majority of two-thirds in each branch of Congress, and 
then becomes a law. 

The Executive branch is vested in the President, who 
represents the unity, the power, and the purpose of the Na¬ 
tion. It is his duty, through his officers, to enforce the 
law r s. A bill passed by Congress may be prevented from 
becoming a law by being vetoed or forbidden by the Presi¬ 
dent, and only in exceptional cases are bills passed over his 
veto. The President’s office is the highest in the power of 
the people to bestow. 

The Judicial branch of government is vested in the 
Supreme Court, created by the Constitution, and in inferior 
National courts — district and circuit — established by Con¬ 
gress. Ordinary cases involving Federal law can be brought 
in the District Courts, appealed to the Circuit Courts, and 
thence to the Supreme Court. Appeals can be taken from 
the highest State courts to the Federal Supreme Court in all 
cases involving Federal law. Thus all cases turning on 
Federal law may finally be brought before the great court 
of the Nation. These National courts adjust legal difficul- 


i88 


THE AMERICAN CITIZEN 


ties, interpret the laws, and decide upon their constitution¬ 
ality. The Supreme Court of the United States has become 
the balance-wheel of our system of government. 

In the succeeding chapter each of these branches will be 
treated in detail. While in theory each of these three 
functions of government are justly regarded as distinct and 
best exercised by entirely different persons, the practical 
working out of systems of government in communities, 
States, and the Nation has shown that it is convenient and 
wise that some officials should be connected with more than 
one of these departments and discharge varied duties. Thus 
it will be seen that Congress exercises judicial pow r ers in 
cases of impeachment; that the Senate has executive power 
in the confirmation or rejection of appointments of officials 
by the President; and that the judges in courts inferior and 
superior exercise executive powers in ordering the carrying 
out of the judicial decisions in individual cases. The 
Supreme Court practically becomes executive when it pro¬ 
nounces a law unconstitutional. This right, vested in the 
highest court of the United States, forms the most powerful 
barrier against the tyranny of political legislation. 


CHAPTER XXV 

THE NATIONAL LEGISLATIVE POWER 

354. Congress is Bicameral. — Congress is a dual or 
bicameral body; that is, it consists of two chambers, the 
Senate and the House of Representatives. A bicameral 
legislature has the great advansage of securing fuller and 
more deliberate consideration of all legislative business. 
One chamber acts as a certain check and balance upon the 
other. The example set by the English Parliament has 
been followed in the form which our legislative body has 
assumed. The term Congress is of course a collective one, 
and applies to the two legislative bodies taken together and 
considered as enacting national laws. The composition of 
Congresss is determined by Article II of the Constitution (B). 

355. The House of Representatives. —The House 
of Representatives is composed of members chosen every 
second year by the people of the several States (C 1 ). Any 
person who can vote for a member of the more numerous 
branch of the State legislature may vote for a Representa¬ 
tive in Congress. The election of Representatives for Con¬ 
gress occurs, in nearly all States, on the Tuesday after the 
first Monday in November in every even numbered year. 
In Oregon, the Congressmen are elected on the first Mon¬ 
day in June; in Vermont, on the first Tuesday in Septem¬ 
ber; and in Maine, on the second Monday in September. 

356. Number of Representatives. —There are three 
hundred and eighty-six members of the House of Represen¬ 
tatives. The number of members apportioned to each State 


190 


THE AMERICAN CITIZEN 


is in proportion to its population as determined by the last 
national census (C 3 ). Each State shall have at least one 
Representative. The State of Pennsylvania has thirty-two 
Representatives in the House. 

By an act of Congress, every territory belonging to the 
United States in which a government has been established, 
is entitled to send one delegate to Congress. He has the 
right to take part in the debates of the House of Represen¬ 
tatives, but is denied the right of voting. 

In making the apportionment of representatives to the 
several States, after the number of members of the House is 
fixed upon, the ratio of representation is then found. From 
the population of the States, as given by the census, was 
subtracted that of the two States with least population — 
each having less than half of the probable number required 
— leaving 74,565,906 as dividend to a divisor 384. The 
resulting ratio of representation for the apportionment of 
1901 is 194,182. The population of Pennsylvania is 6,302,- 
115; and, dividing this by 194,182, we find 32 for the num¬ 
ber of representatives. There is a remainder of 88,291. The 
sum of the integral quotients is never equal to the whole 
number of members to be apportioned; so an extra member 
is assigned to the State having the largest remainder, an¬ 
other to that having the next largest, and so on until the 
apportionment is completed. In this manner, beginning 
with Missouri with a remainder of 193,935 and ending with 
Nebraska with a remainder of 95,390, about one-half of the 
States receive more Congressmen in the apportionment than 
the strict ratio would give. The ratio in such States is less 
than 194,182; while in other States, such as Pennsylvania, 
the actual ratio is greater. Since Pennsylvania has 6,302,- 
115 inhabitants, the actual ratio is 196,941. 

357. Qualifications of Representatives. — A Rep- 


THE LEGISLATIVE POWER 


19 


resentative must be at least twenty-five years of age, a citi¬ 
zen of the United States for seven years, and an inhabitant 
of the State from which he is elected. Representatives are 
not required by law to reside in their districts, but such is 
the almost universal practice. They are supposed to regard 
the interests of the nation as a whole, rather than those of 
the particular section from which they are chosen (C 2 ). 
But, strictly speaking, members of Congress are not officers 
of the United States. 

358. Election of Representatives. — Congress has 
provided by law that, in every case where a State is entitled 
to more than one Representative, the members shall be 
elected by districts composed of contiguous territory equal 
in number to the number of Congressmen to be chosen. 

The duty of dividing the State into Congressional districts 
falls upon the State legislature (Hi). If the number of 
Representatives is increased, and the legislature fails to re¬ 
district the State so as to correspond properly to the num¬ 
ber of Representatives, the additional member or members 
shall be elected by the State as a whole. Congressmen thus 
chosen on a general ticket, and not by district tickets, in 
States having more than one Representative, are called 
Congressmen-at-large (El). 

The Congressional districts must, as nearly as possible, 
contain an equal number of inhabitants. The party in 
power in a State legislature may try to secure more than its 
just proportion of the members of Congress to be elected 
from their State. Instead of dividing the State into dis¬ 
tricts of nearly regular form, the districts are made to wind 
in and out in very irregular ways, so that the opposing 
votes are unfairly united or divided. This operation of 
party expediency is termed “gerrymandering, ” after Gov¬ 
ernor Elbridge Gerry of Massachusetts, to whose influence 


192 


THE AMERICAN CITIZEN 


such an unfair operation was once attributed, although it is 
now known that he opposed the measure. 

359. Vacancies. — When a vacancy occurs in the rep¬ 
resentation of any State, the Governor calls a special elec¬ 
tion, and the qualified voters elect a person to fill the va¬ 
cancy (C 4). 

360. The Officers of the House. —The presiding of¬ 
ficer of the House of Representatives is the Speaker (C 5). 
He is chosen from the members of the House, has the right 
to vote on all questions, and must do so in all cases when 
his vote will decide a question pending. In point of rank 
the Speaker is the third officer of the Government, and in 
actual power is second only to the President of the United 
States. Through the fact that he appoints all committees 
of the House, designates their chairmen, and is himself the 
chairman of the committee on rules, he is able to shape leg¬ 
islation to a great extent. 

The House chooses-other necessary officers, including the 
clerk, sergeant-at-arms, postmaster, chaplain, and door¬ 
keeper, who are not members of the House. The duties of 
these officers are sufficiently obvious from their titles. The 
clerk holds over until the Speaker and clerk of the next 
House are chosen, at which election he presides. The clerk 
is usually an ex-member of the House. The police officer 
of the house is the sergeant-at-arms. The symbol of the 
power of the House of Representatives is a bundle of ebony 
rods tipped with spear-heads, and surrounding a central 
rod surmounted by a globe and a silver eagle with wings 
outspread. This is the mace , an ancient symbol used for 
centuries in the Roman senate, now the symbol of the 
power of the people. The duties of the doorkeeper are 
broader than his title, since he has charge of the room of 
the House of Representatives. The chaplain opens each 



HALL OF THE HOUSE OF REPRESENTATIVES 

































* 
































































































. 











































































* 




























THE LEGISLATIVE POWER 


i 93 


daily session of the House with prayer for Divine guidance. 

361. Compensation. — A Representative receives a 
compensation of $7,500 a year; and the Speaker $12,000. 
Mileage is allowed at the rate of twenty cents a mile for the 
necessary distance traveled in going to and returning from 
the seat of government. A Congressman is also allowed 
$125 a year for postage and stationery. 

362. Oath of Office. —The Constitution requires that 
Senators and Representatives, and the members of State 
legislatures, as well as all executive and judicial officers, 
both of the United States and of the several States, shall 
take oath of office to support the Constitution (X 3 ). As 
soon as the Speaker of the House is chosen, he is escorted 
to the chair by the member of the House who has served the 
greatest number of terms. This “father of the House” 
administers the oath of office to the Speaker, who then ad¬ 
ministers the oath to the new members,called before him for 
that purpose. After the oath of office has been taken by 
every member, the House is ready to proceed to any busi¬ 
ness which may be presented. 

363. The Senate. —The Senate of the United States is 
composed of two Senators from each State, chosen by the 
legislature for a term of six years. Each Senator has one 
vote. (Di). 

At the time of the framing of the Constitution, the large 
States conceded to the small States equal representation in 
the Senate. Both the equality of representation and the 
election of the Senators by the State legislatures are survi¬ 
vals of the old Articles of Confederation. The term of six 
years gives to the Senator that feeling of security in posi¬ 
tion that does much to insure independence of action in re¬ 
gard to the best interests of the nation. Cases are on rec- 


194 


THE AMERICAN CITIZEN 


ord where Senators have served for four consecutive terms. 

364. Number of Senators: Classes. — There are 
ninety Senators at present, two from each of the forty-five 
States in the Union. When Oklahoma is admitted as a 
State, the whole number of Senators will be ninety-two, 
while the number of Representatives will be three hundred 
and ninety-one. Senators are divided into three class¬ 
es as nearly equal as possible. The terms of one-third of 
the Senators expire on March 4th of each odd year: 


Class I, 1791, 1797.1905 

Class II, 1793, 1799.1907 

Classs III, 1795, 1801.1903 


The two Senators from a State are never assigned in the 
same class. It is seen that one-third of the Senators go out 
of office every two years. This arrangement secures at all 
times the benefit of the experience of at least two-thirds of 
the body. It may happen that one or both of the first Sen¬ 
ators from a new State may serve less than the full term of 
six years (D 2). 

The Senate is a perpetual body, and at any time is ordi¬ 
narily fully organized, although not in actual .session. 

365. Qualifications of Senators. —A Senator must 
be at least thirty years old, a citizen of the United States for 
nine years, and an inhabitant of the State for which he is 
chosen. Previous absence from the State, on public busi¬ 
ness in a foreign country, or as a traveler, does not debar a 
person from the Senate nor from the House (D 3). 

366. Election of Senators. —A law passed by Con¬ 
gress in 1866 makes the election of Senators uniform for 
the States (H 0. The legislature chosen next preceding 
the expiration of the term of a Senator in any State, shall, 
on the second Tuesday after organization, elect a Senator 





THE LEGISLATIVE POWER 


i 95 


in the following manner. Each house must vote viva voce 
for Senator, and the vote is recorded in the journals. The 
next day, at noon, the houses meet in joint session and the 
journals of the proceedings of the previous day are read. 
If the same person has received a majority of all the votes 
cast in each house, he is declared elected. If no election 
has resulted, the joint assembly then proceeds to choose a 
Senator b}^ viva voce vote of each person present, and if 
any person receives a majority of all the votes of the joint 
assembly—a majority of all members elected to both houses 
being present and voting—he is declared duly elected. If 
no choice is made on this day, then the houses meet in 
joint session each succeeding day of the session at the 
same hour, and must take at least one vote until a Senator 
is elected or the legislature adjourns. 

367. Vacancies. —When a vacancy occurs in the Sen¬ 
ate during a recess of the legislature, the Governor appoints 
a person to fill the place until a successor is chosen at the 
next meeting of the legislature (D 2 ). The newly elected 
Senator only fills out the term of his predecessor. Without 
this provision for filling the vacancy, either the legislature 
must be called together immediately to fill the place, or the 
State remain in whole or in part unrepresented in the Sen¬ 
ate. 

368. Officers of the Senate. —The Vice-President of 
the United States is President of the Senate, but has no vote, 
unless they are equally divided (D 4 ). The Senators choose 
one of their number President pro tempore , w T ho presides 
during the absence of the Vice-President, or when he has 
become President of the United States through succession 
to that office. The Senate elects a secretary, chief clerk, 
executive clerk, sergeant-at-arms, doorkeeper, postmaster, 
librarian, and chaplain. None of these are members of the 
Senate (D 5). 


196 


THE AMERICAN CITIZEN 


369. Compensation. —A Senator receives a salary of 
$7,500 per year, and mileage and postage as in the case of 
Representatives (Gi).‘ When the President pro tempore 
takes the place of the Vice-President for any considerable 
length of time, the salary of that official, namely $12,000 
per year, is paid during the time the President pro tempore 
exercises the office. 

370. Oath of Office. — The Vice-President of the 
United States takes the oath of office 011 inauguration day; 
and, when he meets the Senate on the first day of the ses¬ 
sion, he administers the oath to the new Senators (X 3 ). 
The Senate is then ready to proceed to the transaction of 
any business that may be presented. 

371. Impeachment. —The sole power to try impeach¬ 
ments is vested in the Senate (De); but the sole power to 
impeach is vested in the House of Representatives(C 5) . In 
such cases the House adopts formal articles of impeach¬ 
ment, similar to the counts in an indictment found by a 
grand jury in a court of law. A committee from the House 
presents the articles of impeachment before the Senate. 
The Senators sit as a court, and must then take a special 
oath or affirmation (De). No person can be convicted ex¬ 
cept by the vote of two-thirds of the Senators present. 
When the President of the United States is impeached, the 
Chief Justice presides at the trial. The judgment in cases 
of conviction shall not extend further than to removal 
from office, and disqualification to hold and enjoy any of¬ 
fice of honor, trust, or profit, under the United States. 
Whether acquitted or convicted, the person is still liable to 
be tried and punished by the ordinary processes of law 
(D 7). Senators and Representatives cannot be impeached. 
The President, Vice-President, and all civil officers of the 
United States may be removed from office, on impeachment 


THE LEGISLATIVE POWER 


197 


for, and conviction of, treason, bribery, or other high 
crimes and misdemeanors(O). 

Only eight such cases of impeachment have occurred 
since the adoption of the Constitution. The first case pre¬ 
sented before the Senate, that of Senator William Blount 
(1799), did not come to trial; the decision was made that, 
under the Constitution, only “civil officers” can be im¬ 
peached, and that a Senator of the United States is not a 
civil officer. The other noted cases are those of Justice 
Samuel Chase of the Supreme Court (1804), and President 
Andrew Johnson (1868). The impeachment of Justice 
Chase was a dangerous interference with the independence 
of the Judiciary. He was acquitted by the Senate; and, 
after this failure, the Supreme Court was never again di¬ 
rectly attacked by the political branches of the Govern¬ 
ment. President Johnson, in the troublous times of recon¬ 
struction, escaped conviction by but a single vote. Four 
Judges of the District Courts of the United States have been 
impeached: John Pickering (1803), James H. Peck (1830), 
and W. H. Humphries (1862). Judge Pickering seems to 
have been insane, and was removed from office; Judge Peck 
was acquitted, and Judge Humphries was convicted of 
treason. In 1905, Judge Charles Swayne was impeached 
for residing outside of his district, and for overcharges and 
other improper conduct; but the Senate, regarding the 
charges unfounded, acquitted him. I11 1876 W. W. Belk¬ 
nap, Secretary of War, was impeached, but was acquitted. 

372. Bills for Raising' Revenue. —All bills for rais¬ 
ing revenue must originate in the House of Representa¬ 
tives, but the Senate may propose or concur with amend¬ 
ments, as on other bills (Hi). In all free countries the 
legislative branch tends to become the most powerful, and 


198 


THE AMERICAN CITIZEN 


is clothed with those powers which come' nearest to the 
people. Among these is the power to tax. Congress has 
ample revenue powers, but the power to originate all such 
bills is vested in that house which is supposed to be in clos¬ 
est touch with the people. The Senate may, however, orig¬ 
inate a bill which requires the expenditure of money, but 
the House levies the tax required by that particular bill. 

373. Sessions of Congress. —Congress must assem¬ 
ble at least once every year, and such meeting is on the first 
Monday in December, unless by law it appoints a different 
day (E 2). Each Congress lasts two years, that is during 
the time for which each new set of Representatives is elect¬ 
ed. There are two regular sessions: a long session, and a 
short session. The long session begins on the first Monday 
in December following the beginning of the Representative’s 
term, and continues until some time in midsummer. The 
short session begins on the first Monday of the following 
December, but can continue only until March 4 of the next 
year, at which time the term of office expires for all Rep¬ 
resentatives and for one-third of the Senators. Eong ses¬ 
sions end in even years (1906, 1908, etc), and short ses¬ 
sions in odd years (1905, 1907, etc). Congress may by 
law provide for special sessions, or may hold adjourned 
sessions. Extra sessions may be called at any time by the 
President of the United States for the transaction of urgent 
business. Unless an extra session of Congress is called, 
newly elected members do not take their seats until thirteen 
months after their election. The term “a Congress” is 
applied to so much of the continuous life of the National 
Legislature as is embraced within the full term of the Rep¬ 
resentative. The First Congress was that filling, the period 
1789-1791; the Second, that of 1791-1793; while the Fifty- 
ninth Congress has the period 1905-1907. 


THE LEGISLATIVE POWER 


199 


Neither house, during the session of Congress, can, with¬ 
out the consent of the other, adjourn for more than three 
days, nor to any other place than that in which the two 
houses are sitting (F 4.). Both houses have been called to¬ 
gether in special session but eleven times in the history of 
our country. A special session of the Senate is always 
called after the inauguration of a President, in order to 
confirm his appointments. The Senate alone has repeated¬ 
ly been called in extra session to confirm appointments and 
to ratify treaties. The House of Representatives has never 
been called in special session alone, since without the Sen¬ 
ate it cannot complete any public business. 

374. Privileges and Disabilities. —During their at¬ 
tendance at the sessions of their respective houses, or while 
going to, or returning from the same, Senators and Repre¬ 
sentatives are exempt from arrest except for treason, felo¬ 
ny, or breach of the peace (G 1). Nor can a member of 
either house be held liable to prosecution for libel or slan¬ 
der for anything which he may have said in Congress in 
any speech or debate. This freedom from arrest and this ex¬ 
emption from responsibility are really to protect the rights 
of the people; since the nation should not be deprived of 
the services of the representatives of the people, nor should 
freedom of debate be limited. 

No Senator or Representative can be appointed to any 
office under the authority of the United States which shall 
have been created, or the pay of -which shall have been in¬ 
creased during the time for which he was elected (G2). A 
Senator or a Representative may be appointed to any office that 
existed at the time of his election, if the pay has not been 
increased. But he must resign his seat in Congress; for 
no person, holding any office under the United States, can 


200 


THE AMERICAN CITIZEN 


be a member of either house during his continuance in of¬ 
fice (Ga). 

375. Contests: Quorum. — When any question is 
raised as to the election or qualification of a member, 
the house in which he claims a seat decides it. A 
majority of each house constitutes a quorum, but a smaller 
number may adjourn from day to day and compel the at¬ 
tendance of absent members (Fi). 

376. Rules: Expulsions. — Each house determines 
the rules of its proceedings, punishes its members for dis¬ 
orderly behavior, and by a two-thirds vote may expel a 
member (F 2). 

377. The Journal. —Each house keeps a journal of its 
proceedings, and these are published from time to time ex¬ 
cept such parts as require secrecy. At the desire of one- 
fifth of the members present, the yeas and nays are entered 
on the journal (F 3). 

378. Committees. —Congress necessarily transacts an 
immense amount of business in legislating for the wealth¬ 
iest nation on the globe—a nation of seventy-six millions 
of people, inhabiting a territory of over three and one-half 
millions of square miles. I11 order to expedite business, 
each house of Congress is divided into a large number of 
committes. Each committee is concerned with a certain 
class of business; and bills, when introduced, are referred 
to the proper committees for consideration. The commit¬ 
tees consider these bills carefully, investigate, and, if nec¬ 
essary ask the opinion of outside persons in order to dis¬ 
cover the value of the measures. After such consideration, 
the bills are reported back to the House or Senate. Only 
the more important ones reach this stage; for, on account 
of lack of time, if for no other reason, the majority are 


THE LEGISLATIVE POWER 


201 

“killed in committee”. Thus the committees determine the 
form and character of our laws. The debates on the bills 
when presented are really discussions of the reports of the 
various committees. The report of a committee usually de¬ 
cides the fate of a measure. Since in the business of legis¬ 
lation the committees are such an important factor, the 
Speaker of the House, who has the power of appointing 
the committees in that body, becomes in many respects the 
mOvSt influential citizen in the United States. 

One of the most important committees in the House of 
Representatives is the Committee on Rules. It consists of 
the Speaker as chairman, and four others of the most expe¬ 
rienced and influential members, two from each of the lead¬ 
ing parties. This small committee exercises great influ¬ 
ence upon legislation, and really decides what measures 
shall be considered by the House. Not the least part of 
the great power which the Speaker exercises comes from 
the fact that he is chairman of this committee and appoints 
its other members. 

379. Mode of Passing Bills. —A bill is a proposed 
law. In the general process of legislation, it may become 
a law by receiving the consent of Congress and that of the 
President of the United States. A law regulates, controls, 
governs, and must be obeyed. A bill has no force of itself. 

Any bill, excepting one of revenue, may be introduced 
in either the Senate or the House of Representatives. It 
is then referred to the proper committee. If it is reported 
back and passed by a majority in each house, it is then 
sent to the President of the United States. If he signs it, 
the bill becomes a law of the country (H 2 ). 

If the President does not approve of the bill, he returns 
it to the house in which it originated, with a message in 


202 


THE AMERICAN CITIZEN 


which he sets forth his objections and his reasons for refus¬ 
ing to sign it. When the President returns a bill unsigned, 
he is said to veto it. The term veto means “I forbid”. The 
bill may yet become a law, however. The house to which 
the bill is returned again considers it, a quorum being pres¬ 
ent. If two-thirds of the members present agree to pass 
the bill a second time, it is then sent to the other house. 
If two-thirds of the members repass the bill over the veto, 
it becomes a law without the signature of the President. 

In accordance with the Constitution, the President must 
either sign or veto a bill within ten working days after he 
has received it, or the bill becomes a law in like manner as 
if he had signed it. But Congress by adjournment may 
prevent its return, in which case it does not become a law. 
When the President thus holds a bill so that the time for 
adjournment arrives before the expiration of the ten days 
allowed for returning it, his retention of it under these cir¬ 
cumstances at the end of a session is called a ‘ ‘pocket veto”. 

Bills are sometimes defeated by a process called filibitster- 
ing. In the House, this is done by making motions delay¬ 
ing action,—such as motions to adjourn, or calling for the 
yeas and nays upon them. In the Senate, a bill particular¬ 
ly objectionable to a minority may be “talked to death” by 
the unrestricted right of debate exercised on the part of the 
Senators. 

After a bill becomes a law it is sent to the Secretary of 
State, who preserves it as a part of the law of the land. 


CHAPTER XXVI 

POWERS OF CONGRESS 

380. Delegated Powers. —The general government 
from its very nature is largely a government of delegated 
powers. Having derived its powers from the people, such 
powers are limited by the Constitution. Most of the pow¬ 
ers of Congress are enumerated in the eighth section of Ar¬ 
ticle I. All of these general powers of legislation vested in 
Congress are necessary to the formation of a strong and ef¬ 
ficient government. These eighteen clauses are a vital 
force in the system of National control. Political parties 
differ concerning the nature of the powers granted to Con¬ 
gress; one party favoring a strict construction of the Con¬ 
stitution, while the other favors a construction which looks 
toward State rather than Congressional legislation. 

381. Taxes: Tariff: Free Trade. — Congress has 
power to raise money needed for the payment of the debts 
of the United States, and to provide for the welfare of the 
Nation. The power to tax is one of the most essential 
principles of an enduring government. The only restric¬ 
tion placed upon the power of taxation is that all duties, 
imposts, and excises shall be uniform throughout the Unit¬ 
ed' States. 

Taxes are of two kinds, direct and indirect. A direct 
tax is one laid directly upon the persons or property of the 
people. A poll tax, a land or property tax, or a tax upon 
the income of a person, may be named as illustrating this 
kind of tax. Taxes upon imported goods, called duties or 


204 


THE AMERICAN CITIZEN 


imposts, and excises or taxes on goods made within the 
country are examples of indirect taxes. The money paid 
for license to sell spirituous liquors is also an excise tax. 

Although Congress has power to lay direct taxes, it has sel¬ 
dom been exercised. Direct taxes were used to defray the 
heavy expenses of the Civil War; and more recently, but to 
a much less degree, in the Spanish War. As to indirect 
taxes, the United States has never levied duties upon ex¬ 
ports (I i). 

A tariff is a schedule of taxes; but more specifically a law 
showing the import tax levied upon each article brought 
into this country, A system of taxation called the protec¬ 
tive tariff has for its object, not only the raising of the 
money for the expenses of the government, but also the 
protection of home manufacturers. This system makes the 
duties high on all kinds of articles which we also manufac¬ 
ture in this country. A system of tariff for revenue takes 
into consideration only the raising of the amount of money 
needed to carry on the government and pay the expenses. 
Protection of home industries is only incidental. Free trade 
is the admission of all foreign goods free of duty. Reci¬ 
procity is a system of mutual concessions by two countries 
by means of which equal privileges as regards the admis¬ 
sion of imports are granted. 

The duties levied by the United States combine revenue 
and protection. The tariff applies to States and Territories 
alike, but not to the islands recently acquired from Spain. 
Within the borders there is absolutely free trade. 

Duties are collected by government officials stationed in 
custom houses at the various ports of entry. When a ves¬ 
sel from a foreign country arrives, it is submitted, with its 
cargo and all papers and invoices, to the inspection of the 


POWERS OF CONGRESS 


205 


custom-officers. These officials attend to the weighing, 
measuring, and inspecting of the goods subject to duty. 
All duties must be paid before the imports can be taken 
away from the ship, or from the warehouses in which the 
goods may be temporarily placed. 

382. Public Credit. —The power to borrow money au¬ 
thorizes the selling of bonds of the United States, the issue 
of legal-tender paper money, and the establishment of Na¬ 
tional banks (I 2 ). 

In 1791 the public debt was less than $76,000,000; and 
until the Civil War it never exceeded $100,000,000, except 
for a few years immediately after the war of 1812, when it 
rose to $127,000,000. In 1835 it had decreased to less than 
$38,000, but rose again gradually to $90,000,000 in 1861. 
When the great civil strife was over, the debt had been 
greatly increased, reaching its highest point in 1866 at over 
$2,773,000,000. On December 1, 1906, the public debt, 
not including certificates and Treasury notes, was $1,325,- 
472,174. Of public debt $399,189,719 bears no interest. 
The greater part of the interest-bearing debt is due to bond¬ 
holders, and bears the low rate of 2 per cent, interest. The 
remainder was borrowed partly at 3, and partly at 4 per 
cent. The task of extinguishing the National debt, which 
Jefferson was so anxious to accomplish, is no longer re¬ 
garded as vital to the destinies of our government. No 
other nation borrows money at so low rates as is possible to 
the United States, and no other great nation has so small 
a public debt, the entire amount being $2,429,370,044. 

The fourth section of the fourteenth amendment(Am.l4) 
forbids the repudiation of any part of the public debt of 
the United States. It also makes illegal and void all debts, 
obligations, and claims incurred in aid of insurrection or 


206 


THE AMERICAN CITIZEN 


rebellion against the United States, or any claim for the 
loss or emancipation of any slave. 

383. Commerce. —Under the authority given by the 
Constitution, Congress has power to regulate the commerce 
of the United States with foreign nations. Nor can one 
State refuse to admit the products of another State nor levy 
any duties upon them. Congress has power to prevent un¬ 
fair discrimination in freight and passenger rates (Is). 

384. Naturalization. —Congress has provided that a 
foreigner, unless he belongs to the Mongolian race, may 
become a citizen on his compliance with certain conditions. 

The requirements for naturalization are as follows: Five 
years’ residence in the United States, and one year’s resi¬ 
dence in the State or Territory where the privilege 
is sought; two years’ preliminary declaration of inten¬ 
tion to become a citizen; an oath to support the Consti¬ 
tution; the renouncing of allegiance to any foreign pow¬ 
er, and of all titles of nobility. The naturalized citizen is 
entitled to all the rights of the native-born citizen, except 
that he can never be President or Vice-President (I 4 ). 

Congress has power to extend naturalization by general 
law to the inhabitants of large sections of country. When 
by joint resolution Texas was annexed as a full-fledged 
State in 1845, wholesale naturalization was practiced. A 
more recent example occurred when by act of Congress in 
1900, all persons who in 1898 were citizens of the Republic 
of Hawaii, were declared to be citizens of the United States 
and of the Territory of Hawaii. President Jefferson and 
the Senate practically did the same thing by treaty when 
the vast territory of Louisiana was purchased in 1803. 

The right to vote is given by the States, and in most of 
them citizenship is an essential qualification of the voter. 


POWERS OF CONGRESS 


207 


Yet in about one-fourth of the States foreigners may vote 
if they have declared their intention to become citizens. 

385. Bankruptcy. —A bankrupt is a person who is 
unable to pay all his just debts. In law, the term is applied 
to a person who has been judicially declared unable to 
meet his liabilities. A bankrupt law enables a debtor to be 
discharged from the payment of his debts upon giving up 
all property to his creditors. Congress has power to pass 
laws by which insolvent debtors may settle their affairs. 
There have been four laws enacted concerning bankruptcy: 
the first in 1800, repealed in 1803; the second in 1841, re¬ 
pealed in 1843; the third in 1867, repealed in 1878; and 
the fourth in 1898. Many states have passed bankruptcy 
laws of their own, but these are always subject to the Na¬ 
tional law when there is one in force (1 4 ). 

386. Money .—As a consequence of the power confer¬ 
red on Congress to coin money and to regulate its 
value, the United States has a uniform currency. The in¬ 
dividual States are expressly forbidden to coin money or to 
make anything but gold and silver a legal tender for debts. 

The place where money is coined is called a mint. Mints 
have been' established in different cities, but those in Phil¬ 
adelphia, New Orleans, and San Francisco are the only ones 
now in operation. The mints at Carson City and Denver 
are at present equipped as Assay offices. The principal mint, 
and the first that was established in this country, is at 
Philadelphia ( Is). 

The right to coin money implies the right to issue paper 
money. Such bills, however, are only evidence of a credit, 
and are but convenient substitutes for money. Paper mon¬ 
ey is only taken by the people because the government 
stands responsible for the various forms of paper money is- 


208 


THE AMERICAN CITIZEN 


sued. All paper money is made at the Bureau of Engrav- 
ingat Washington. 

The paper money that is nearest to actual money of all 
the forms issued consists of the gold certificates and the 
silver certificates, issued on the security of gold and silver 
deposited as bullion in the Treasury of the United States. 
They are legal tender for all obligations public or private, 
except that part of the interest on the public debt which 
the government agrees to pay in gold coin. 

Another part of the paper money in circulation consists 
of the bank-notes, issued by National banks under the sanc¬ 
tion of the government, and secured by United States bonds 
deposited by such banks with the United States Treasurer 
at Washington. These notes are not a legal tender for 
private debts; but they are readily accepted everywhere, 
since the holders of such National bank-notes, were it de¬ 
sirable to do so, could have them redeemed in gold or sil¬ 
ver by presenting them at the bank of issue or at the Unit¬ 
ed States Treasury. As a means of protection of the inter¬ 
ests of the people, the government inspects National banks 
regularly. 

Counterfeiting the coin and securities of the country is 
a serious crime. The law against counterfeiting provides a 
penalty of a maximum fine of five thousand dollars and 
imprisonment for not more than ten years (I 6 ). 

387. Weights and Measures. — Congress has the 
power to fix the standards of weights and measures. The 
United States standards of weights and measures are accurate 
copies of the English standards. The English system has be¬ 
come so firmly fixed as the result of several centuries of use 
that any change would be exceedingly difficult. Congress 
made the use of the metric system permissive in 1866; but, 



INTERIOR OF LIBRARY CF CONGRESS 























POWERS OF CONGRESS 


209 


although its use is quite general among scientific men, the 
system has never become popular (I 5 ). 

388. Post-Offices and Postage .—The common ex¬ 
pression, “the United States mail,” recognizes the single 
authority of the government in the control of mail-routes 
and post-offices, and the establishment of a complete postal 
system. The first cognizance which the United States 
takes of its new territory is in the mail service. When the 
savage finds the mail-carrier calling at his back door, he 
may consider himself on the way to civilization. Even in 
the wilder parts of our vast domain the system of “toting” 
by private enterprise soon gives way to government carri¬ 
ers, and the people rejoice in far Alaska when the charge 
of one dollar a letter reduces to the trifle charged by our 
postal rates. The present rate for a letter sent to any part 
of the United States is two cents. Five cents postage will 
send a letter to any of the civilized countries of the world 
.(It). 

All mailable matter is divided into four classes. First- 
class matter consists of letters and other written ipatter, 
sealed or unsealed, and all other matter sealed or 
fastened in any manner not easily examined. Its rate of 
postage is two cents per ounce or fraction thereof; except 
on postal cards and local or drop letters, where there is no 
free delivery, in which cases the rate is one cent. Second- 
class mail matter consists of newspapers and periodicals is¬ 
sued not less than four times a year from a known office of 
publication. Such matter may be mailed by the public at 
one cent for each four ounces, but publishers and news 
agents may mail them for one cent a pound. Publications 
sent to actual subscribers within the county where publish¬ 
ed are free from postage unless mailed for local delivery at 


210 


THE AMERICAN CITIZEN 


a letter-carrier office. Third-class matter is books, circu¬ 
lars, proof-sheets, corrected proofs, engravings, etc. The 
postage on this class is one cent for each two ounces or 
fraction thereof. Fourth-class matter includes merchan¬ 
dise, samples, and all mailable matter not included in the 
other classes. The limit of weight is four pounds, and the 
postage rate is one cent per ounce. 

Special-delivery stamps are sold at post-offices at ten 
cents additional postage. These entitle the letters to im¬ 
mediate delivery by special messenger. Letters or any other 
mail matter may be registered at the rate of eight cents for 
each package. Such matter is carried with special precau¬ 
tions against loss. It can readily be traced, since every 
person wdio handles it must receipt for it. In case of loss 
of first-class registered matter, the government will pay its 
value up to twenty-five dollars. The registry system reaches 
every post-office in the world. Domestic money-orders are 
issued at money-order post-offices for. sums not exceeding 
one hundred dollars at rates from three to thirty cents above 
the supi of money to be sent. The system provides an ab¬ 
solutely safe and convenient means of transmitting money. 

Domestic rates of postage apply to Canada, Mexico,Cuba, 
Tutuila, Porto Rico, Guam, Hawaii, the Phillipines, and 
some places in China served through the United States Pos¬ 
tal Agency at Shanghai. 

All civilized countries are included in the Postal Union. 
To all foreign countries the postage rates are for letters per 
half-ounce, five cents; postal cards, two cents each; second 
and third-class matter, two ounces for one cent. 

Rural free delivery of letters has become a permanent 
branch of the postal administration. The annual appropri¬ 
ation for this service is twenty-five millions of dollars, and 


POWERS OF CONGRESS 


211 


exceeds that provided for city free delivery; the number of 
carriers is also greater. The rural service, with daily de¬ 
livery and collection, is in operation on thirty-six thousand 
routes and extends its benefits to over three million fami¬ 
lies. Persons desiring the benefits of service on a rural 
delivery route are required to furnish, at their own expense, 
boxes for the reception of mail to be delivered or collected 
by the carrier. 

389. Copyrights and Patents. —The exclusive con¬ 
trol of copyrights and patents is given to Congress. Copy¬ 
rights are secured through the Librarian of Congress, and 
give the exclusive right to print, publish, and sell the book 
or other production for twenty-eight years. A copyright 
may be extended for fourteen years if desired. 

Applications for patents are made to the Commissioner 
of Patents. A patent gives the inventor the exclusive right 
to make and sell his invention for the period of seventeen 
years, with the privilege of seventeen years further exten¬ 
sion (Is). 

390. Inferior Courts. —Congress has power to estab¬ 
lish courts inferior to the Supreme Court. The courts are 
Appellate Courts, Circuit Courts, District Courts, the Court 
of Claims, the Court of the District of Columbia, Territori¬ 
al Courts, and Consular Courts (1 9 ). See also (P). 

391. Piracies. —Congress has the power to define and 
punish piracies and felonies committed on the high seas, 
and offenses against the law of nations. It is right that 
these matters of admiralty and international law should be 
placed under the control of the National government(1 10 ). 

392. War Powers. — Congress has the power to de¬ 
clare war (1 11 ), to raise and support armies (1 12 ), to pro¬ 
vide and maintain a navy (1 13 ), and to make rules for the 


212 


THE AMERICAN CITIZEN 


government and regulation of the land and naval forces(1 14 ). 
Thus the security and defense of the country is amply pro¬ 
vided for. The President is the Commander-in-chief of 
the army and navy of the United States. But he must look 
to Congress for the laws providing for the establishment 
and maintenance of the same. No appropriation of money 
for the support of an army can be made for a term longer 
than two years (1 12 ). Thus the President and Congress 
cannot long carry out a war policy which the people disap¬ 
prove, for the next Congressional election would reverse it. 

393. Army and Navy. — Although the President is 
Commander-in-chief, and has complete control of the army 
and navy of the United States, he never takes the field him¬ 
self, but entrusts the direction and control to officers ap¬ 
pointed by him, reserving only to himself the right to in¬ 
terpose in exceptional cases. 

Man for man the army of the United States challenges 
comparison with any army in the w r orld. It is in an excel¬ 
lent state of efficiency, and an American citizen has 
no cause to apologize for the personnel, courage, and dis¬ 
cipline of the army of his country. Should an emergency 
arise, it will not be found wanting. It is, indeed, small as 
compared with the population of the country; but this is 
because it is purposely kept in the form which can be most 
rapidly changed into an organization for the field. It is 
much stronger in cavalry and artillery in proportion to the 
infantry than it would be for campaign purposes. This is 
because, were we to engage in war, it would take a com¬ 
paratively short time to increase our infantry arm, but a 
much longer time to increase the cavalry and artillery 
branches of the line. In times of wars when the patriotism 
of the youth of the nation is aroused, there has never been 


POWERS OF CONGRESS 


213 

any difficulty in enlisting all the men that were needed for 
the emergency. The quite recent increase in the enlisted 
strength of the regular army is mainly for the purpose of 
complying w T ith the requirement that each cavalry and in¬ 
fantry regiment shall have a detachment of machine-gun 
experts. The total strength of the different branches of the 
service is as follows: Total enlisted men in cavalry, 12,240; 
artillery corps, 328; coast artillery, 13,298, and torpedo 
companies, 527; field artillery, 4,012; infantry, 24,480; en¬ 
gineers, 1,282; additonal strength, 1,961. Total in the line 
of the army 58,128. The staff departments add 4,387, mak¬ 
ing a total of 62,515. 

In addition to the regular army, Congress has power to 
call into service the militia or citizen-soldiery of the United 
States (1 15). I 11 the broadest sense of the term, the militia 

comprises all the able-bodied male citizens of the States be¬ 
tween the ages of eighteen and forty-five. The President 
cannot call them into active service for a longer period than 
nine months in any one *year. The organized militia, 
termed the National Guard, consists of State troops trained 
by State officers, and may be called out by the Governor of 
the State whenever needed to assist the civil authorities in 
suppressing riots. The State militia may be called into the 
service of the United States, in which case it is subject to 
the orders of the President and is paid and cared for like 
the regular army (I ie). 

The navy of the United States holds high place in the 
esteem of the American people. Our naval history is sin¬ 
gularly free from incidents calculated to diminish admira¬ 
tion for this branch of the public service. The Revolution 
and the War of 1812 showed that our small navy was not 
below the greatest in the skill of its captains, the quality of 


214 


THE AMERICAN CITIZEN 


its ships, and the valor of its sailors. In modern times the 
navy has met every test with such success that no foreign 
critic is found to deny its equality, so far as individual ef¬ 
ficiency of men, ships, and guns is concerned, with the 
navy of any other great power. In recent wars the record 
of the navy has been one of almost unbroken success. Our 
naval service has always been imbued with a high sense of 
loyalty to the constituted authorities of the country. 

A navy is in an absolute sense an instrument of warfare, 
and is large or small only with reference to the strength of 
the enemy it may be called upon to encounter. The main 
thing to be sought is the keeping up of the efficiency of the 
various vessels as instruments of defense under the control 
of skilled officers and men. The navy at present has in 
line about thirty battleships of varying types, but of great 
efficiency. When the programme contemplated at present 
is carried out, the annual expenditures will be greatly in¬ 
creased. There will be many more battleships, thirty or 
forty armored cruisers, as many protected cruisers, and 
hundreds of smaller vessels. The annual expenditure at 
present is one hundred .seventeen millions. 

The effective naval strength of the United States in ton¬ 
nage is about five hundred thousand tons; that of France 
about six hundred thousand tons; and of Great Britain, 
nominally, about three times as great as either. Many of 
her vessels are valueless. The oldest vessels of our battle¬ 
ship division are the veterans of the Spanish-American War, 
the Oregon , Massachusetts , Indiana , Iowa , and the Texas , 
still as formidable fighting-machines as they were at Santi¬ 
ago. Since that smoke-blown day, many great battleships 
have been made ready for service and put in commission. 
The present tendency as to the armament of the battleship 


POWERS OF CONGRESS 


2 i 5 

places dependence upon large guns of great caliber and 
long range; with a numerous battery of rapid-fire guns of 
small caliber used in repelling torpedo-boat attacks. 

The officers of the army and navy are not subject to im¬ 
peachment, but are tried before special military or naval 
courts called courts-martial, which are appointed for the 
purpose by the President of the United States. 

The power to grant letters of marque and reprisal is vest¬ 
ed in Congress. By this is meant the granting of authority 
whereby private persons are permitted to fit out privateers 
or armed vessels to prey upon an enemy’s commerce. Such 
license ought never to be given. 

394. The District of Columbia. —The Capital of the 
United States is the city of Washington, situated in the 
District of Columbia, at the head of navigation on the Po¬ 
tomac River. This Federal District was originally ten 
miles square, and was ceded to the United States by Mary¬ 
land and Virginia. The part ceded by Virginia was return¬ 
ed to that State in 1845, and the area of the District is now 
only seventy square miles. The District is under the di¬ 
rect jurisdiction of Congress. The inhabitants have no re¬ 
presentation in Congress, nor any rights of suffrage at lo¬ 
cal or National elections. The executive and judicial offi¬ 
cers are appointed by the President, and Congress acts as 
the legislature of the District (1 17 ). 

395. Implied Powers. — Congress is granted the 
power to make all laws which are necessary and proper for 
carrying into execution the powers that have been de¬ 
scribed above, and all other powers vested by the Constitu¬ 
tion in the government of the United States, or in any de¬ 
partment or officer of the government (Iis). It was impos¬ 
sible to enumerate every particular act which Congress 


216 


THE AMERICAN CITIZEN 


could perform; so, certain powers were expressly granted, 
and this general grant of power was added. It has been 
held that this clause confers no additional power; since, 
wherever the general power to do a thing is given, the par¬ 
ticular powers necessury for doing it are included. This 
has been called the “elastic or sweeping clause,” because 
it can be urged in defense of almost any action of Congress. 
Patrick Henry, who was a fierce critic of the Constitution 
and strongly opposed its adoption by Virginia, centered his 
objections about the single idea that, as it then stood, it 
seriously endangered the rights and liberties of the people 
of the several States. 

The adoption of the Constitution was sufficient warrant 
to Congress in the use of all the means which were express¬ 
ly delegated powers given by that instrument. But the need 
of a strong government soon gave rise to a theory, advanc¬ 
ed by Hamilton, the doctrine of implied powers. This doc¬ 
trine rests upon the idea that unless they are directly pro¬ 
hibited by the Constitution, all powers found necessary and 
proper for carrying out the powers specifically granted, are 
given to the government by implication. The power to do 
a thing includes the power to use the necessary means for 
doing it. While the doctrine of implied powers has never 
been entirely denied by any American statesman, great dif¬ 
ferences as to the extent of the application of the principle 
have given rise to the two great schools of political thought 
which have molded the policy of the nation and brought it 
to its present proud position to-day. In the cabinet of 
Washington, two great men were the exponents of these 
contrasting principles. Jefferson, the Secretary of State, 
believing that the government was one of delegated powers, 
endeavored to limit Congress as closely as possible to the 


POWERS OF CONGRESS 


2IJ 


powers enumerated in the Constitution. The followers of 
Jefferson took their stand as advocates of the strict construc¬ 
tion of the Constitution. On the other hand Hamilton, 
the Secretary of the Treasury, advocated the idea of a 
broad construction . In his view, the Constitution was to be 
interpreted as granting all powers that go to make up a 
strong and efficient government; not only those powers ex¬ 
pressly indicated in the Constitution, but also those which 
should be found, as time unfolded, to be fairly and clearly 
implied in the objects for which the government was estab¬ 
lished. 

Broadly speaking, the Republican party of to-day may be 
said to date back to Hamilton, while the Democratic party 
follows in the policy of Jefferson. Through their mutual 
control against excesses, these two principles of interpreta¬ 
tion, broad construction and strict construction , have wrought 
for the good of the country. The one gave us a strong fi¬ 
nancial policy and the extension of the functions of gov¬ 
ernment to all the great objects necessary to the creation of 
a vigorous and united Nation. The other prevented the 
Bank of the United States from becoming a vast political 
force, a menace to the liberties of the people, and gave us 
instead an independent treasury keeping its vast balances 
in its own vaults. 


CHAPTER XXVII 

POWERS DENIED TO CONGRESS AND THOSE DE¬ 
NIED TO STATES 

396. The Slave-Trade. —At the time of the adoption 
of the Constitution, the majority of the members of the 
Convention were in favor of leaving Congress free to pro¬ 
hibit the importation of slaves. Eaws prohibiting the for¬ 
eign slave-trade had been passed by all the States except 
North Carolina, South Carolina, and Georgia. As it was 
desirable to bring as many States as possible into the Un¬ 
ion, and very doubtful whether these States would agree 
to the Constitution were Congress left free to prohibit the 
slave-trade at once, it was at last agreed that the slave-trade 
should be left open for twenty years. A duty of ten dollars 
might be imposed on every slave imported. 

At the earliest possible time Congress exercised its power 
for terminating the foreign slave-trade. The tax permitted 
was never imposed. A law was passed in 1807, to go into 
effect Jan. 1, 1808, making the importation of slaves un¬ 
lawful. In 1820, the African slave-trade was declared pi¬ 
racy, and made punishable by death. The result of the 
Civil War was the abolition of slavery, and the thirteenth 
amendment has made this clause of historic value only(J i). 

397. Habeas Corpus. —The object of this clause (J 2 ) 
is to protect people from unjust imprisonment. Every per¬ 
son upon being arrested for alleged crime has the right to 
immediate hearing as to whether there is sufficient cause 


POWERS DENIED TO CONGRESS 219 


for his detention or imprisonment. This right is enforced 
by a writ of habeas corpus , an order directing the officer 
who has the person in his custody to bring the body — the 
person—into court and to show cause for his detention. So 
important is this right, that it can be suspended only in 
cases of rebellion or invasion, when the public safety de¬ 
mands it (J 2 ). The writ takes its name from the words 
habeas corpus , “you may have the body,” found in the old 
Latin form. 

While stating that the writ of habeas corpus can be sus¬ 
pended only in times of rebellion or of invasion by a for¬ 
eign army, when the public safety may require it, the Con¬ 
stitution does not specify who has the right to suspend this 
writ. In the early days of the Civil War, in order to suc¬ 
cessfully prosecute the war for the preservation of the Un¬ 
ion, President Lincoln suspended the writ of habeas corpus 
by ordering military officers not to give up persons arrested 
on charges of disloyalty, even when judges issued the pro¬ 
per writs. Many strong Union men protested against this 
action, and declared that the President deliberately violated 
the Constitution. The truth is that no written frame of 
government could meet completely the terrible needs of a 
great civil war, and perhaps it was necessary to bend the 
Constitution to avoid breaking it. It is now agreed, how¬ 
ever, that this power of suspension of the writ belongs to 
Congress alone. Even in the case of Lincoln’s suspension 
of the writ of habeas corpus , Congress fully sustained him 
in the exercise of the power; for afterward a law was pass¬ 
ed legalizing his acts and giving him power to continue 
such suspensions of the writ. 

398. Bills of Attainder. — A bill of attainder is an 
act of the legislature by which the punishment of death or 


220 


THE AMERICAN CITIZEN 


outlawry is inflicted upon a person, without a trial. In 
English legislation the legal heirs could not inherit the es¬ 
tate of the attainted person, but it was forfeited to the 
Crown. Congress is expressly forbidden to pass any such 
bills (Js). 

An ex post facto law is literally one which is made after 
an act is done. But it is in fact a law that makes punish¬ 
able as a crime, an act that was not criminal when done. 
Any law that increases the punishment of a crime after it 
has been committed, becomes also an ex post facto law as 
regards the punishment of the accused persons. If, for ex¬ 
ample, a law should be passed requiring all persons now 
charged with stealing, to be imprisoned for life, if found 
guilty, such law would be ex post facto ; and the persons 
convicted could not be made to suffer its penalty, because 
the crime, when committed, was punishable by a shorter 
term of imprisonment. Congress cannot pass such laws 

(Js). 

399. Proportional Taxation. — If Congress levies 
any direct tax upon the people it must be proportional to 
the population. The census taken every tenth year enum¬ 
erates the people. The taxes must be equal. A direct tax 
is one laid directly upon the people. A capitation tax or 
poll tax is a tax levied upon each head or person. It has 
recently been decided that a tax based upon incomes is a 
direct tax, and must be distributed among the States in pro¬ 
portion to their population (J 4). 

400. Export Duties. —No export duties can be laid 
by Congress. No law for taxing exports could be devised 
which would operate equally upon the interests of the dif¬ 
ferent States. In some States the chief product is grain; in 
others, cotton; and in others, manufactures. How could 


POWERS DENIED TO CONGRESS 


221 


Congress fix a just tax upon the several articles? When 
the tax of twenty cents per bushel was levied upon wheat, 
what would be the just tax upon a pound of cotton? Such 
problems would be impossible of adjustment among the 
representatives of the various States. The same clause 
also makes entirely free the internal trade and commerce of 
the country (J 5 ). 

401. Impartial Commercial Laws. —Congress can 
pass no law giving a preference to the ports of one State 
over those of another. Vessels bound to or from one State 
cannot be obliged to enter, clear, or pay duties in another 
(je). 

To eiiter a ship at a port is to notify the proper officers of 
her arrival, and to submit at the custom house the invoices 
of her cargo. To clear a ship at a custom house is to show 
and obtain the papers required by law, and to secure per¬ 
mission to leave the port. 

All ships engaged in carrying goods and passengers be¬ 
tween ports in the United States must be American ships, 
and these must be built in American ship-yards. Most of 
our foreign commerce is carried in foreign-built vessels, 
since both foreign and American ships may engage in such 
commerce,and ships are built for less money abroad than in 
the United States. 

402. Appropriations. — No money shall be drawn 
from the treasury but in consequence of appropriations 
made by law. This clause places the control of the public 
money in the hands of the representatives of the people, 
and beyond the reach of the executive or any other officer. 
At the same time, if Congress becomes extravagant, the 
President can guard the people’s money by vetoing all such 
bills. Congress, at every session, passes many appropria- 


222 


THE AMERICAN CITIZEN 


tion bills prepared with great attention to detail, and the 
annual expenditure of money for the expenses of the Unit¬ 
ed States government amounts to many millions of dollars. 

Every month a statement and account of the receipts and 
expenditures, and surplus on hand is issued. Such finan¬ 
cial reports are made by the Secretary of the Treasury, and 
published by order of Congress, in order that the people 
may know for what purpose the public money is expended 

(JO. 

403. Titles of Nobility. —Any mere title of nobility 
could not add to the political power of any person under 
our Constitution; but, since it is proper that there should 
be equality of rank as well as of political rights, Congress 
is prohibited from granting titles of nobility. These would 
be out of character and corrupting in tendency in a repub¬ 
lican country. It is further provided that no officer of the 
United States can, without the consent of Congress, accept 
any present, office, or title from any king, prince, or foreign 
state (J 8). 

404. Powers Denied to the States. — The success¬ 
ful working of the National system of government renders 
it necessary that certain powers be denied to the States. 
No State can enter into any treaty, alliance, or confedera¬ 
tion; coin money, issue paper money, or make anything 
but gold and siver coin a tender in payment of debts; pass 
any bill of attainder, ex post facto law, or law interfering 
with contracts; or grant any title of nobility (K i). 

No State, without the consent of Congress, can lay any 
imposts or duties on imports or exports, except such as are 
necessary to pay the costs of inspection service (K 2 ). Nor 
can any State, without the consent of Congress, levy any 
tonnage tax on ships, keep troops or ships of war in time 


POWERS DENIED TO THE STATES 


223 


of peace, or enter into any agreement or compact with an¬ 
other State or a foreign power. No State can engage in 
war, unless it is actually invaded or in such immediate 
danger of invasion as will not admit of delay (K 3). 

Some of the prohibitions named above have also been 
placed upon Congress, and there can be no good reason, 
therefore, for granting the powers to the States. Uniformi¬ 
ty in legislation is secured, and the States are prevented 
from exercising harmful power. The reasons for these pro¬ 
hibitions are manifest, and any extended remarks upon 
them unnecessary. A very famous law-suit, the Dartmouth 
College case, arose under that part of this clause (Ki) 
which forbids any State to pass a law impairing the obliga¬ 
tion of contracts. In 1816 the legislature of New Hamp¬ 
shire passed an act to reorganize the college under a new 
charter, which would of course annul the charter previously 
granted by the State. The trustees, with Daniel Webster 
as counsel, appealed the case to the Supreme Court of the 
United States. Chief Justice Marshall delivered one of his 
great opinions in which he held that the college charter 
was a contract within the meaning of the Constitution, and 
that the acts of the legislature impaired this contract, and 
were therefore void. This decision brought every charter 
granted by a State within the scope of the Constitution, 
and extended the jurisdiction of the highest court more 
than any other judgment ever rendered by that court. Since 
then the precedent which it established has continued to 
exert an enormous influence. 


CHAPTER XXVIII 

THE EXECUTIVE POWER 

405. The Necessity of an Executive Depart¬ 
ment. —A government in which the powers of making, ex¬ 
ecuting, and applying the laws were united in a body of 
men, however numerous, would be little better than a des¬ 
potism. There must be a separate and distinct power to 
execute the laws. Laws are made for the purpose of pro¬ 
tecting the good, punishing offenders, and securing the 
peace and prosperity of the Nation. Under the Articles of 
Confederation there was no National executive; only a pre¬ 
siding officer of Congress. Feebleness of government could 
be the only result of such a condition of affairs. No men 
were better able to understand the need of the concentra¬ 
tion of executive powers than were those who framed the 
Constitution of 1787. Convinced of the necessity of such 
an officer, these men looked at existing models as exempli¬ 
fied in the frames of government of the various common¬ 
wealths. There they found, in every case, a State execu¬ 
tive balanced as a power against the State legislature. The 
establishment of a Federal executive, charged with the du¬ 
ty of securing obedience and enforcing the laws enacted by 
Congress, seemed the obvious course to pursue. The fram¬ 
ers of the Constitution acted wisely in placing the Executive 
power in the hands of one person, because unity is favora¬ 
ble to prompt and energetic action. Discord and disagree¬ 
ment would follow divided responsibility, and frequent and 



THE WHITE HOUSE 


























) 


THE EXECUTIVE POWER 


225 


injurious delays would result. The Constitution, therefore, 
provides for the establishment of the Executive department, 
in which the one responsible head, with thousands of men 
as assistants to carry out the details, is able to make effec¬ 
tive the body of laws which Congress has enacted for his 
guidance. The first and most important of all the duties 
of the Chief Executive is to see that the laws are faithfully 
executed (N). 

406. The President of the United States. — The 

Executive power is vested in the President, who is the head 
and personal representative of the Nation (L 1 ). He repre¬ 
sents the Nation as a whole, just as the Governor of the 
State represents the Commonwealth. He is simply the first 
citizen of a free nation, depending for his authority on 
neither title, nor official dress, nor insignia of office. The 
President is the only officer who is directly responsible to 
the Nation for the administration of the government. He 
is strong because his rights come straight from the people; 
and, in the highest sense, he represents the people no less 
than do the members of the two houses of Congress. The 
independence of his position, with nothing either to gain 
or to fear from Congress, should set him free to think only 
of the welfare of the Nation. If he fails to rise to this lofty 
plane of National duty, he sinks into the obscurity of the 
distributor of the spoils of office. Responsibilities make 
men serious; and those incident to the office of President 
of the United States of America have caused the manifes¬ 
tation of noble qualities by all our Presidents. 

407. Qualifications. —The qualifications for the offices 
of President and Vice-President are the same (Am. 12). 
Foreign-born citizens are not eligible. The candidate for 
either office must have reached the age of thirty-five, and 


226 


THE AMERICAN CITIZEN 


must have been fourteen years a resident of the United 
States (E*). A child born to American parents while 
abroad would be a natural-born citizen, provided the par¬ 
ents still retained their citizenship. Such person, so far as 
his birth is a factor, would be eligible to the Presidency. 

408. Term of Office. — The term of office of both 
President and Vice-President is four years, and they are el¬ 
igible to re-election. The term of office is sometimes con¬ 
sidered too short to insure a due degree of independence, 
and to enable the President to carry out a system of public 
policy. However,an unusually popular or capable man may 
be elected for a second term. Although no provision in the 
Constitution prevents election to a third term as Presi¬ 
dent, no person has ever held the office for a third term. 
The burden of responsibility is too heavy to be borne long, 
and Washington set the example of retiring at the close of 
the second term. Jefferson, undoubtedly, could have been 
chosen for a third term in 1808; but his refusal established 
a custom which has since been followed, although efforts 
were made in 1876 and in 1880 to secure a third term for 
Grant. The hero of Appomattox was an exceptionally pop¬ 
ular man; and a principle maintained against him is not 
apt to be departed from for many elections to come. 

409. The Presidential Electors. — The President 
and Vice-President are chosen by the Electoral College, 
which is composed of Presidential Electors chosen in the 
several States for that purpose. Each State is allowed to 
select a set of Presidential Electors equal in number to that 
of its Senators and Representatives together, and each Elec¬ 
tor has one vote. No Senator or Representative, or person 
holding an office of trust or profit under the United States 
can be appointed a Presidential Elector (E 2 ). 


THE EXECUTIVE POWER 


227 


Pennsylvania chooses thirty-four Electors; and the Elec¬ 
toral College of the United States consists of four hundred 
and eighty-three Electors. 

Each State may appoint or choose its quota of Electors in 
whatever manner it sees fit. At first they were more often 
than otherwise chosen by the State legislatures, but now 
Presidential Electors are always elected by the people as a 
whole. The day of election must be the same in all the 
States (E 3). The people elect the Presidential Electors on 
the Tuesday next after the first Monday of November, in' 
the year of the Presidential election which occurs every 
fourth even year. The first election occurred in 1789, when 
Washington was unanimously chosen President. He was 
also the unanimous choice in the second election, that of 
1792. 

The people on election day were at first not supposed to 
be voting for a President and Vice-President, but for Pres¬ 
idential Electors. But since the election of Washington, 
the Electors have simply registered the result of the vote of 
the people. Soon after election day, long before the meet¬ 
ing of the Electors, we know who is to be the next Presi¬ 
dent. The Electors are chosen to vote for specified candi¬ 
dates, and they do so. 

410. Nomination of Presidential Candidates and 
Electors. —Under all governments which grant any con¬ 
siderable degree of freedom, political parties arise, differing 
in their ideas and seeking to control the policy of the na¬ 
tion. Naturally, each party organization in the United 
States desires to elect to the highest office a man chosen 
from its ranks, and thus secure the management of public 
affairs. 

In the summer of the year before a President is to be 


228 


THE AMERICAN CITIZEN 


seated, each party organization meets in its National con¬ 
vention in some large city to nominate candidates for Pres¬ 
ident and Vice-President, and to adopt a platform setting 
forth the principles upon which the party proposes to stand. 
These conventions are called by the National Committees. 
The conventions called by the Republican and Democratic 
parties consist of four delegates-at-large from each State, 
usually appointed in each State convention, and twice as 
many district delegates as the State has Congressmen. The 
district delegates are usually appointed in district conven¬ 
tions. Each Territory, as well as the District of Columbia, 
is entitled to six delegates. In the Republican national 
convention a majority vote for any candidate secures the 
nomination, but in the Democratic convention a two-thirds 
vote is required. National committees, consisting of one 
member from each State and Territory, are appointed by 
each of the great parties to conduct the political campaign 
for the election of the nominee of the party. The State del¬ 
egates appoint the member of the National committee for 
their individual States, while the Presidential nominee of a 
party practically selects the chairman of the National com¬ 
mittee of his party. 

At the State convention of each political party, a ticket 
of Presidential Electors for that party is nominated. Thus, 
before the time arrives for the holding of the Presidential 
election, each party has nominated candidates for President 
and Vice-President, and has also named Presidential Elec¬ 
tors in each State. Territories have no Electors. 

On election day the people in all the States vote for Pres¬ 
idential Electors. The Electors receiving the highest num¬ 
ber of votes in each State are declared elected. Formerly 
it was customary to choose most of the Electors by Congres- 


THE EXECUTIVE POWER 


229 


sional districts, but now the Electors are chosen on a gen¬ 
eral State ticket, and thus the electoral vote becomes solid 
in each State. Occasionally, however, where the vote is 
close in a State, the effort of voters to “scratch” the ticket 
becomes manifest, and may divide the electoral vote of a 
State. Thus in 1892, Ohio gave twenty-two votes for Har¬ 
rison and one for Cleveland, because the vote was so close; 
California gave eight for Cleveland and one for Harrison 
for the same reason. Oregon gave three votes for Harrison 
and one for Weaver, because one of the Electors on the Pop¬ 
ulist ticket was also on the Democratic ticket. Michigan 
gave nine votes for Harrison and five for Cleveland, be¬ 
cause the State legislature allowed voting by Congressional 
districts. In North Dakota, two Populist Electors were 
chosen and one Republican; but one Populist exercised the 
freedom of choice which nominally the Presidential Electors 
have, and cast his vote for Cleveland. Although the di¬ 
vided electoral vote is unusual, it is under the present con¬ 
ditions not impossible that in some close election, enough 
Presidential Electors might be induced to vote for a candi¬ 
date to whom they were not nominally pledged and thus 
defeat the will of the party that had chosen the majority of 
Electors. An amendment to the Constitution, covering this 
ground of danger, would make it impossible thus to defeat 
the will of the party rightfully entitled to the victory. 

411. Meeting of the Electors. —On the second Mon¬ 
day in January following their election, the Presidential 
Electors meet in their respective States, usually at the State 
capital, and vote by ballot for President and Vice-President, 
one of whom at least shall not be an inhabitant of the same 
State with themselves. Three distinct lists are made of all 
the persons voted for as President, and also the number of 


230 


THE AMERICAN CITIZEN 


votes each received. Three separate lists are also made of 
all the persons voted for as Vice-President, and the num¬ 
ber of votes each received. These lists are signed, certifi¬ 
ed, and sealed. Three certificates or “returns” are made 
from the six lists, in order to insure the safe arrival of one, 
at least, at Washington. One return is deposited with the 
judge of the United States court of the district in which 
the Electors meet. The other two certificates or returns are 
sent to the President of the Senate at Washington, one by 
special messenger, and one by mail. The envelopes of all 
the certificates bear the address of the President of the Sen¬ 
ate. If from any cause the messenger should fail to deliver 
his certificate, and the one sent by mail be lost, the Presi¬ 
dent of the Senate may then send for the certificate depos¬ 
ited with the judge of the District Court. Whatever may 
have been the original intention in the establishment of the 
Electoral College, it has become simply the registering-ma¬ 
chine of the popular vote. When the Electoral College has 
sent in its returns its duty is done and it ceases to exist. 

412. Counting the Votes. —On the second Wednes¬ 
day of February the President of the Senate, in the pres¬ 
ence of the Senators and Representaves in joint con¬ 
vention assembled, opens the sealed certificates from 
all the States, and the votes are counted. The person 
having a majority of all the electoral votes for President 
is declared elected. Also the person having the majority 
of all the electoral votes cast for Vice-President is declared 
elected (Am. 12). 

In the method of voting (E 2 ) in use until 1804, each 
Elector wrote down two names without stating which per¬ 
son he desired as President. The candidate who received 
the largest vote, provided it were a majority of the whole 


THE EXECUTIVE POWER 


231 


number, was declared President; the candidate with the 
next largest number was declared Vice-President. As a 
natural result of this plan, Adams in 1797 became President; 
and his antagonist , Jefferson, became Vice-President. In 
1801 it gave Jefferson and Burr the same number of votes, 
and threw the election into the House of Representatives. 

By the twelfth amendment to the Constitution, declared 
in force in 1804, the present method was adopted. 

413. Election by the House. —If no person has a 
majority of all the electoral votes, the House of Represen¬ 
tatives proceeds immediately, by ballot, to choose a Presi¬ 
dent from the three candidates receiving the highest num¬ 
ber of electoral votes. In such election the voting is done 
by States , that is, each State has one vote. The vote of 
each State is determined by the majority of the Represen¬ 
tatives of that State. When a vote for President is taken 
in the House of Representatives, two-thirds of all the States 
must be represented in order to have a quorum, and a ma¬ 
jority of all the votes by States is necessary to a choice 
(Am. 12). 

There have been two elections of a President by the 
House of Representatives. Thomas Jefferson was thus chos¬ 
en in 1801, and John Quincy Adams in 1825. Both of these 
elections caused great excitement. In the second, the elec¬ 
toral votes had divided upon four candidates. Andrew 
Jackson had received 99 votes; John Quincy Adams, 84; 
William H. Crawford, 41; and Henry Clay, 37. When the 
election was thrown into the House of Representatives, 
Adams received the votes of thirteen States; Jackson, the 
votes of seven States; and Crawford, the votes of four 
States. John Quincy Adams, having received a majority of 
all the States, was declared elected. 


232 


THE AMERICAN CITIZEN 


If the House of Representatives, whenever the right of 
choice devolves upon them, shall fail to elect a President 
before March 4 following, then the Vice-President becomes 
President as in the case of the death, removal, or resigna¬ 
tion of the President. 

It is proper that under the circumstances of a failure of 
the Electoral College to elect a President, the choice should 
devolve upon the House of Representatives. The House is 
the direct representative of the people, and at any given 
time is politically in closer touch with the sentiment of the 
voters. 

414. When the Senate may elect the Vice-Pres¬ 
ident. —If there is no election of a Vice-President by a 
majority of the Presidential Electors, then, from the the two 
highest numbers on the list, the Senate proceeds to choose 
the Vice-President. Two-thirds of the whole number of 
Senators constitutes a quorum for such election; and a ma¬ 
jority of the whole number is necessary to a choice. 

The Senate is properly given the choice of its own pre¬ 
siding officer, and this also adds greater security. Had the 
House of Representatives the power to elect both President 
and Vice-President, a disagreement might cause the failure 
to elect either before inauguration day, and the country 
would have no Executive. 

The only opportunity which the Senate has had to exer¬ 
cise this power was in 1837, when Richard M. Johnson was 
chosen Vice-President. 

415. A Minority President. —A President who fails 
to receive a majority of the popular vote is called a ' “Mi¬ 
nority President.” Thus, in 1892, the total popular vote 
was 12,059,351, and a majority vote would have been 6,-. 
029,676 votes. But Cleveland received only 5,556,918 votes; 


THE EXECUTIVE POWER 


233 


that is, 472,758 votes less than a majority. Yet the entire 
electoral vote was four hundred and forty-four, of which a 
majority was two hundred and twenty-three votes. Cleve¬ 
land received two hundred and seventy-seven electoral 
votes, and was declared elected. 

Minority Presidents have been numerous. John Quincy 
Adams, James K. Polk, Zachary Taylor, James Buchanan, 
Abraham Lincoln, Rutherford B. Hayes, James A. Garfield, 
Grover Cleveland, and Benjamin Harrison were minority 
Presidents. 

The failure of the system of the Electoral College to reg¬ 
ister the popular verdict has suggested the changing of the 
method of electing a President. One such method would 
be to abolish the Electoral College, and to resort to direct 
popular vote without reference to State lines. But a seri¬ 
ous objection to this method arises. Even now, in a close¬ 
ly contested election, the result may remain doubtful for 
some days while a narrow majority of a few hundred votes 
in some great pivotal State is being counted. It was so in 
1884, when the State of New York cast its thirty-six elec¬ 
toral votes for Cleveland by the narrow margin of 1,047 
votes out of a total of 1,100,000 votes. This period of doubt 
is a time of intense and dangerous excitement. In an elec¬ 
tion without reference to State lines, the result would more 
often be doubtful, and the chances for disputes be multi¬ 
plied with demoralizing effect. The system of choice by 
Electors is doubtless clumsy and indirect, but the solidity of 
the electoral colleges of the several States is in reality a 
safeguard. The election has virtually become a choice by 
States; for the whole weight of each State is thrown into 
the scale of that candidate whose list of Electors is chosen 
in that State. 


234 


THE AMERICAN CITIZEN 


416. The Electoral Commission. —A serious dispute 
arose in 1876 concerning the conflicting returns .sent in by 
two hostile sets of Electors in each of the States, Florida, 
Louisiana, and South Carolina; to which was added the 
question whether one of the Electors chosen in Oregon was 
disqualfied because he was a postmaster. In the absence of 
any recognized method of determining which ballots to 
count, the Republican and the Democratic parties in Con¬ 
gress agreed to submit the matter to an Electoral Commis¬ 
sion composed of five Senators, five Representatives, and 
five Associate Justices of the Supreme Court of the United 
States. The Commission was appointed January 29, 1877. 
By a strict party vote of eight to seven the Commission de¬ 
cided that Hayes had received 185 electoral votes, and Til- 
den 184 electoral votes. This decision, given March 2, 
1877, closed the gravest crisis which ever attended an elec¬ 
toral count so far as the nation was concerned. The patri¬ 
otism of party leaders had settled peacefully a dangerous 
dispute which might have resulted in civil war. Thus 
Rutherford B. Hayes became President of the United States. 
In 1887 the whole question of conflicting returns was set at 
rest by an Act of Congress which provides that no electoral 
votes can be rejected in counting except by the concurrrent 
action of the two houses of Congress. In so far as the as¬ 
certainment of the Electors appointed by a State is concern¬ 
ed, the authorities of that State decide which group were 
chosen. The law is very explicit in the details of the meet¬ 
ings, and in regard to the joint meetings of the two houses, 
even provides w T here the members and officers of the Sen¬ 
ate and House shall be seated. 

417. Presidential Succession.— In case of the re¬ 
moval of the President from office, or of his death, resigna- 


THE EXECUTIVE POWER 


235 


tion, or inability to discharge the duties of his office, the 
Vice-President becomes President (L 5) . Five times in our 
history the Vice-President has succeeded to the Presidency: 
John Tyler, upon the death of William H. Harrison in 
1841; Millard Fillmore, upon the death of Zachary Taylor 
in 1850; Andrew Johnson, upon the death of Abraham Fin- 
coin in 1865; Chester A. Arthur, upon the death of James 
A, Garfield in 1881; and Theodore Roosevelt, upon the 
death of William McKinley in 1901. 

The Vice-President should perform the duties of the Pres¬ 
ident in case of disability, but no Vice-President has ever 
yet assumed the duties of a President during the life-time 
of his disabled associate. Vice-President Arthur did not 
attempt the duties of President during the months through 
which President Garfield lingered to his death. 

Congress has the pow r er to provide for the further suc¬ 
cession to the Presidency in case the office of President and 
that of Vice-President shall both become vacant (Ls). It 
was formerly enacted that in such an event the President 
pro te7npore of the Senate, and the Speaker of the House of 
Representatives should succeed to the office in the order 
named. There are several serious objections to this plan, 
and the law enacted by Congress in 1886 fixed a new order 
of succession to the Presidency. Should occasion ever a-rise 
demanding it, the following members of the Cabinet suc¬ 
ceed in the order named: Secretary of State, Secretary of 
the Treasury, Secretary of War, Attorney General, Post¬ 
master General, Secretary of the Navy, and the Secretary 
of the Interior. The office of the Secretary of Agriculture 
and that of the Secretary of Commerce and Labor were not 
created until after this law of succession was enacted, but 
these Cabinet officers have been placed in this historical 
order of succession by subsequent enactment. 


236 


THE AMERICAN CITIZEN 


418. Inauguration. —The day originally set for the 
inauguration of the first President was March 4, 1789, but 
Washington did not take the oath of office until April 30, 
1789. Since that time every President has been inaugura¬ 
ted on March 4, excepting whenever the date has fallen on 
Sunday. This has occurred three times,—namely in 1821, 
1849, and 1877, in which years the inauguration of the 
President took place on the fifth day of March. 

On inauguration day, the Chief Justice of the United 
States administers to the President-elect the oath of office 
which is as follows: “I do solemnly swear (or affirm) that 
that I will faithfully execute the office of President of the 
United States, and will, to the best of my ability, preserve, 
protect, and defend the Constitution of the United States. ’ ’ 
(I,?). On the same day the Vice-President is sworn into 
office in the Senate chamber, taking the same oath except 
that he promises to faithfully execute the office of Vice- 
President of the United States. 

419. Salary of the President. —The salary of the 
President of the “United States was formerly only $25,000, 
an amount inadequate to the demands made upon the Pres¬ 
ident during his official life. At present the salary is $50,- 
000, a sum which is very small compared with the amount 
paid to the rulers of other nations. No increase or decrease 
can be made in the salary of a President during the time 
for which he is elected. Nor can he receive, while Presi¬ 
dent, any gift or emolument from the United States or from 
a State. But the President may accept presents from pri¬ 
vate individuals like any other citizen. The salary of the 
Vice-President is $12,000 a year (Us). 

420. The Executive Mansion. —The official resi¬ 
dence of the President is the Executive Mansion, popularly 
known as the White House. 


THE EXECUTIVE POWER 


237 


421. Powers and Duties— The President is Com¬ 
mander-in-chief of the army and navy of the United States, 
and of the militia of the several States when it is called in¬ 
to the actual service of the United States. He has also the 
prerogative of granting reprieves and pardons for offences 
against the United States, except in case of impeachment 
(MO. 

He can make treaties with foreign powers provided two- 
thirds of the Senators present concur in the confirmation of 
the same. Subject to confirmation by the Senate, he ap¬ 
points ambassadors, other public ministers, consuls, and the 
greater Federal officers—such as the heads of the executive 
departments—and judges of the Supreme Court. He also 
appoints all other officers of the United States whose ap¬ 
pointment is not otherwise provided for by law (M 2 ). A 
great number of subordinate officers, such as certain post¬ 
masters and revenue officers, are appointed without the par¬ 
ticipation of the Senate. The executive business of the 
United States Government requires the services of over 
two hundred thousand persons. The President has the 
power to fill all vacancies which occur during the recess of 
the Senate by granting commissions which expire at the 
end of the next session (Ms). 

He may summon either or both houses of Congress in 
extra session; and in case of disagreement between them 
with regard to the time of adjournment, he may adjourn 
them to such time as he may think proper, but not beyond 
the day fixed for the beginning of the next regular session. 
He may require from the members of his Cabinet at any 
time written opinions upon any subject concerning the du¬ 
ties of their respective offices. He commissions all officers 
of the United States, and receives ambassadors and other 
public ministers (N). 


238 


THE AMERICAN CITIZEN 


422. The President’s Message. —In annual mes¬ 
sages to Congress the President makes reports on the state 
of public affairs, and suggests such legislation as the needs 
of the country seem to him to require. He thus exerts an 
initiative power in reference to laws. Besides these annual 
messages, the President may at any time send to Congress a 
special message relating to matters which require immediate 
attention (N). 

423. The President’s Veto Power. —The President 

exercises legislative functions in which he is practically a 
distinct branch of the the Legislative power—a third house 
—but for negative purposes only. He signs or vetoes all 
bills and reesolutions passed by Congress, except a resolu¬ 
tion to adjourn. It has been decided also that his consent 
is not re uired to a Constitutional amendment. The Pres¬ 
ident’s veto power, as a means of guarding the country 
against unwise legislation, has proved to be one of the most 
valuable features of the Constitution. Under ordinary cir¬ 
cumstances, this connection of the President with the Leg¬ 
islative power serves as a delicate balancing element of 
strength to the Nation. The strength of Congress consists 
in its power to pass laws; the strength of the President lies 
in his power to veto them. Yet in moments of great public 
danger, as in the Civil War, the President’s power becomes 
immense. A loyal Congress, feeling the need of swift and 
oftentimes secret decisions, practically puts its law-making 
powers at the disposal of the President. 


CHAPTER XXIX 

THE CABINET: EXECUTIVE DEPARTMENTS 

424. The Cabinet Officers. —The executive business 
of the Government cannot be performed by the President 
alone; hence to aid him in the discharge of his duties, he 
appoints a “Cabinet” by and with the consent of the Sen¬ 
ate. There are eight cabinet officers, each in charge of a 
special department of the executive business. They are 
the private counselors or advisers of the President, and 
each is directly responsible to him for the management of a 
department. The members of the cabinet are:— 

1. Secretary of State. 

2. Secretary of the Treasury. 

3. Secretary of War. 

4. Attorney-General. 

5. Postmaster-General. 

6. Secretar}' of the Navy. 

7. Secretary of the Interior. 

8. Secretary of Agriculture. 

9. Secretary of Commerce and Tabor. 

As a body the Cabinet has no legal existence. The meet¬ 
ings are held in the Executive Mansion, but no record of 
the proceedings is kept, and the President is not bound to 
follow the advice of the members. The individual mem¬ 
bers, as heads of executive departments, may also disre¬ 
gard the advice of the Cabinet and assume the responsibili¬ 
ty of action. 


240 


THE AMERICAN CITIZEN 


The President and his Cabinet are sometimes known as 
the “Administration,” a word also applied politically to the 
President’s term of office. 

425. The Secretary of State. — The first in rank 
among the cabinet officers is the Secretary of State. He is 
our minister of foreign affairs, that is, he has charge of all 
business between our own and other governments. He is 
the only officer authorized to communicate with other gov¬ 
ernments in the name of the President. He is the official 
head of the diplomatic and consular service, negotiates 
treaties, and issues instructions to our ambassadors and 
ministers abroad. The Secretary of State is the keeper of 
the Great Seal of the United States; in his department all 
civil commissions are made out, recorded, and sealed. He 
keeps the National archives, and superintends the publica¬ 
tion of laws, treaties, and proclamations. 

There are three Assistant Secretaries of State. The bureaus 
are: the Diplomatic Bureau; the Consular Bureau; Bureau 
of Rolls and Library; of Trade Relations; of Accounts; of 
Appointments; of Indexes and Archives; and of Passports. 

426. The Secretary of the Treasury. — The cabi¬ 
net officer who conducts the finances of the Nation is the 
Secretary of the Treasury. His department attends to the 
collection of the revenue, issues warrants for the payment 
of money from the Treasury, audits accounts of all the 
other departments of the government, and supervises the 
coinage of money and the printing of currency. It regu¬ 
lates the National banks, the custom houses, the life-saving 
service, and the marine hospitals. The National Board of 
Health is also under its control. In the Treasury depart¬ 
ment there are three Assistant Secretaries; six Auditors; 
the Treasurer of the United States, who receives and pays 





























































THE CABINET 


241 


out all public money; the Register, whose name with that 
of the Treasurer is printed on all paper money; the Comp¬ 
troller of the Currency, -who supervises the National banks; 
the Commissioner of Internal Revenue; two Solicitors; a 
Comptroller of the Treasury; the Director of the Mint; and 
many other officers in charge of various branches of the 
enormous business. The department has charge of the 
building of post-offices, custom houses, and other govern¬ 
ment buildings. No man directly interested in trade or 
commerce can be appointed Secretary of the Treasury. 

427. The Secretary of War. —The Secretary of War 
has charge of all business relating to the military affairs of 
the government. The department is divided into ten bu¬ 
reaus, each having charge of an important part of the 
work. Among the duties to which the officers attend are: 
the paying of troops; the securing of army supplies; the 
erection of forts; the improvement of rivers and harbors; 
and the publication of the official records. Many explora¬ 
tions have been made under the auspices of the department. 
The government of the Philippines is now under its super¬ 
vision. Each bureau in the department is in charge of an 
army officer of high rank. The Adjutant-General issues 
the President’s orders, conducts the military correspond¬ 
ence, issues military commissions, and keeps the record of 
the army. The Judge-Advocate-General reviews the find¬ 
ings of courts-martial, and is the legal adviser of the Sec¬ 
retary of War, who generally is not a soldier. Needed im¬ 
provements in the management of the army and in the de¬ 
fenses of the country are recommended by the General 
Staff. This is composed of some of the ablest officers in 
the army, ranking from captains to Major-Generals, the 
member of highest rank being Chief of Staff. The ranking 


242 


THE AMERICAN CITIZEN 


general officer of the Line is now the Lieutenant-General. 

The Military Academy at West Point is under the charge 
of the War Department. Each Senator, Representative, 
and Territorial delegate has the right to appoint one cadet 
to the Academy. The President appoints one for the Dis¬ 
trict of Columbia, and also forty at large. Thus, in ordi¬ 
nary times, the commissioned officers of the army are sup¬ 
plied, graduates of the Academy receiving commissions as 
second lieutenants in the army. The course covers four 
years of rigid study and drill, and all necessary expenses 
are paid by the government. Candidates for appointment 
and entrance must be physically sound, possess good edu¬ 
cational qualifications, and be between seventeen and twen¬ 
ty-two years of age. The pay of a cadet is $609.50 per year. 

428. The Attorney-General. —This officer is the le¬ 
gal adviser of the President, and represents the United 
States in all suits at law in which the United States is a 
party. He gives his opinions on questions of law when¬ 
ever requested to do so by the heads of departments. He 
is himself the official head of the Department of Justice. 
The Solicitor-General is his chief assistant, and seven As¬ 
sistant Attorneys-general defend or prosecute suits in which 
the government of the United States is interested. 

429. The Postmaster-General. — This officer is the 
head of the Post-office Department. He awards all pos¬ 
tal contracts, establishes and discontinues post-offices, reg¬ 
ulates mail-routes, the issue of stamps, the receipt of the 
revenue of the offices, and has general charge of the postal 
affairs of the Nation. He appoints all postmasters whose 
salaries do not exceed one thousand dollars a year. Post¬ 
masters who receive more than this amount are appointed 
by the President with the advice and consent of the Senate. 


THE CABINET 


243 


The principal subordinate officers of the department are the 
First, Second, Third, and Fourth Assistant Postmaster-gen¬ 
erals. The first furnishes supplies to the post-offices, di¬ 
rects their business, fixes the salaries of postmasters, man¬ 
ages the dead-letter office, and attends to the money-order 
department. The second assistant has charge of the trans¬ 
portation of mails in the United States and to other coun¬ 
tries. The third assistant has charge of the supplying of 
stamps and postal cards, the collection and paying out of 
money, and the care of registered mail matter. The fourth 
assistant supervises the appointment of postmasters and 
other persons in the postal service, and the free delivery of 
mail. 

Postmasters are paid according to the amount of business 
done at their post-offices. There are four classes of post¬ 
masters and post-offices, graded according to the salary re¬ 
ceived. If his salary is less than one thousand doilars, he 
is a postmaster of the fourth class, and his office is a fourth- 
class post-office. The amount of his salary depends upofi 
the value of the stamps cancelled at his office. A salary of 
over one thousand dollars and less than two thousand dol¬ 
lars, estimated on the value of the stamps sold at his office, 
ranks a postmaster as third-class. When the salary, simi- 
larily estimated, is between two and three thousand dollars, 
the postmaster and his office are second-class; while a sala¬ 
ry of three thousand or over, puts the postmaster and his 
office in the first class. 

The total number of post-offices in the United States is 
now 62,663. There are about one hundred fifty thousand 
persons employed by the department, — one-half of the 
whole number of persons in the civil service of the United 
States. The total expenditures of the department wer$ 


244 


THE AMERICAN CITIZEN 


$190,238,288 in 1907, the receipts being about $6,653,000 
less. The business of the Post-office Department extends 
over the entire country; and, through the Universal Postal 
Union, the foreign mail service has become very great and 
efficient. Letters are carried from one country to any 
other country connected with the Postal Union at the 
uniform rate of five cents for the first ounce or less, irre¬ 
spective of the distance; and each additional ounce, three 
cents. Lower rates are allowed on mail for Cuba, Canada, 
Mexico, Panama, and Shanghai in China. 

430. The Secretary of the Navy. —This officer ex¬ 
ecutes the orders of the President relating to the naval es¬ 
tablishment of the United States. The department is di¬ 
vided into eight bureaus, each in charge of an officer of the 
United States Navy. The work of the department is shown 
in the names of these bureaus: Bureau of Yards and Docks; 
of Equipment and Recruiting; of Navigation; of Ordnance; 
of Construction and Repair; of Steam-Engineering; of Sup¬ 
plies and Accounts; and of Medicine and Surgery. This 
department has charge of the Naval Observatory at Wash¬ 
ington, and publishes the Nautical Almanac. Admiral 
George Dewey is now President of the General Naval Board. 
The school for the education of naval officers is the Naval 
Academy at Annapolis, and is under this department. The 
course of study covers six years, two of which are spent at 
sea. Candidates for appointment as midshipmen must be 
between sixteen and twenty years of age, physically sound, 
and must pass examination in the elementary branches and 
in certain higher studies. Expenses are borne by the gov¬ 
ernment, and graduates are commissioned as ensigns in the 
navy. Each Senator, Representative, and Delegate appoints 
two midshipmen to the Academy. The President appoints 


THE CABINET 


H5 


thirty at large, and two for the District of Columbia. Mid¬ 
shipmen receive $500 per annum. 

431. The Secretary of the Interior. — The depart¬ 
ment has charge of a vast business of great interest to the 
public. It deals with all questions relating to public lands, 
Indian affairs, pensions, patents, education, and various 
other interests pertaining to the general welfare of the 
country. There are two Assistant Secretaries of the Inter¬ 
ior. The chief officers of the first five bureaus are called 
Commissioners. The Commissioner of Pensions has charge 
of the granting of pensions, with an annual disbursement 
of $138,000,000 to about 967,000 pensioners. 

The Commissioner of Education has charge of the gen¬ 
eral educational affairs of the Nation. 

The Geological Survey forms a very important branch of 
this department. Its work pertains to the scientific surveys 
of the United States, the conduct of irrigation operations, 
and kindred matters, and is in charge of a Director. 

432. The Secretary of Agriculture. —The Depart¬ 
ment of Agriculture collects and publishes useful informa¬ 
tion on this subject. The farmer may learn from this de¬ 
partment how to protect his grain and fruit -from destruc¬ 
tive insects. He may also learn the cause and cure of the 
diseases which affect his domestic animals. The depart¬ 
ment furnishes information about soils, fertilizers, climate, 
seeds, and methods of cultivation. The Weather Bureau 
forms an important branch of this department. Notice of 
approaching storms is sent throughout the country, that 
vessels about to leave port may receive timely warning, and 
thus the risk of the destruction of life and property be 
avoided. Other important bureaus are: the Bureau of An¬ 
imal Industry; of Plant Industry; of Soils; and of Forest- 


246 


THE AMERICAN CITIZEN 


ry. The Director of Experiment Stations, the Chemist, 
and the Entomologist are assistants in this department. 

433. The Secretary of Commerce and Labor.— 
This department, organized in 1903, has for its function 
the promotion of the interests of American commerce, man¬ 
ufactures, mining, fisheries, and labor. The regulation of 
immigration, the work of the United States census, and 
the supervision of the coast survey belong to this depart¬ 
ment. The Census Bureau has recently been established as 
a permanent branch of the public service. The Constitu¬ 
tion provides that the census shall be taken every ten years 
(C 3 ). Another very important bureau in this department 
is the Bureau of Corporations. This investigates all corpo¬ 
rations engaged in interstate or foreign commerce; except 
railroads and steamship lines which transact such business 
under the supervision of the Interstate Commerce Commis¬ 
sion. Other important bureaus are the Bureau of Stand¬ 
ards, the Bureau of Statistics, and the Bureau of Immigra¬ 
tion and Naturalization. Important officers are the Com¬ 
missioner of Labor, the Commissioner of Fisheries, and the 
Superintendent of the Coast and Geodetic Survey. 

434. Ambassadors, Ministers, and Consuls. —The 
diplomatic and consular service has for its duty the repre¬ 
sentation of the interests of the United States in foreign 
countries. In order to carry out the foreign policy of the 
President, to facilitate communication, to aid in negotiat¬ 
ing treaties, and to protect the interests of American citi- 
izens abroad, the diplomatic service has been instituted. 
These officials represent our government in a political ca¬ 
pacity. They are principally of two grades, ambassadors 
and ministers. 

An ambassador is a diplomatic agent of the highest rank. 


AMBASSADORS, MINISTERS, AND CONSULS 247 


Diplomatic etiquette requires that the great powers send to 
us the same grade of minister that we send to them. The 
United States now sends ambassadors to ten countries: 
Great Britain, France, Germany, Italy, Russia, Austria, 
Mexico, Brazil, Japan, and Turkey. The salary received 
by ambassadors is usually $17,500. The social demands up¬ 
on them are very great, and their expenses are often greater 
than their salaries. 

A minister is a diplomatic agent of the United States 
charged with the same duties as an ambassador, but accred¬ 
ited to a country of less importance. 

An ambassador represents the person of the ruler of the 
country from which he comes; a minister represents the 
government from which he comes, but not the personality 
of the executive. In the days when ministers were the 
highest representatives of the United States abroad, these 
officials were often kept waiting for audience under the 
rules of precedence in favor of ambassadors, applied in the 
case of the ambassador of some petty kingdom. 

Ministers and ambassadors reside in the capitals of the 
countries to which they are sent. There are about forty 
officials of these higher grades in the diplomatic service at 
present. The charge d’affaires is a minister of an inferior 
grade accredited by the Secretary of State to the minister 
of foreign affairs of the country to which the agent is sent. 
The term is also applied to an official in charge until the 
accredited minister has assumed his duties. 

The consular service has charge of our commercial inter¬ 
ests abroad, and has nothing to do with diplomacy or poli¬ 
tics. The United States government has consuls resident 
in all important foreign seaports. The duties of consuls 
are very numerous. They exercise protective care over 


248 THE AMERICAN CITIZEN 

American seamen and shipping, and perform various im¬ 
portant duties for Americans abroad. They administer 
oaths, take testimony, examine invoices of the cargoes of 
ships, and set forth the number and the condition of the 
seamen. They send to the State Department monthly re¬ 
ports concerning matters of commercial interest occurring 
at their stations. 

Ambassadors and ministers are sent to countries, while 
consuls are sent only to cities. None of the officials of the 
diplomatic and consular service have a fixed term of office. 
It seldom lasts longer than four years, although it does not 
necessarily change with the administration. 

The consular service has recently been much improved 
through a system of promoting efficient officers from one 
post to another. 

435. The Civil Service Commission. —Whenever a 
change takes place in the political character of the Admin¬ 
istration, changes also occur in the ranks of the office-hold¬ 
ers. Political parties have long acted upon the principle, 
“To the victors belong the spoils.” The appointive offices 
have been used as bribes and rewards for partizan purposes. 
To correct this wasteful and demoralizing “spoils system,” 
Congress has passed an act enabling the President to ap¬ 
point three Commissioners, only two of whom may be of 
the same party, to carry out the further provisions of the 
Civil Service of the United States. This Commission pro¬ 
vides examinations whereby the fitness of applicants for 
public service is tested. In many of the departments the 
applicants for positions are required to pass these examina¬ 
tions, and appointments are made from those found quali¬ 
fied. In this way adherence to a political party has not 
much weight, and the public service is purified and vastly 


INTERSTATE COMMERCE COMMISSION 249 


improved. In 1908, out of 327,000 persons in the Civil 
Service, 184,178 were classified or subject to examination; 
7,000 were subject to confirmation by the Senate, and 61,- 
000 were country postmasters and clerks. 

436. The Inter-State Commerce Commission.— 
A Commission consisting of five men appointed by the Pres¬ 
ident was provided for by act of Congress in 1887. It is 
the duty of the Commissioners to investigate matters con¬ 
cerning violations of the Interstate Commerce laws passed 
by Congress: such as the regulations preventing unjust dis¬ 
crimination in freight and passenger rates; prohibiting the 
pooling of earnings or business; and requiring that locomo¬ 
tives and cars should be equipped with airbrakes and auto¬ 
matic couplers. 

The railroad rate law of 1906 increases the membership 
of the Commission to seven , and greatly increases the pow¬ 
ers granted. The salary of each member is placed at $ 10 ,- 
000 . The provisions of the act are extended to include 
persons or corporations engaged in the transportation of 
oil. The issuance of free transportation is restricted to em¬ 
ployes and their families, and express companies are 
brought under the provisions relating to common carriers. 
The Commission has the power to fix a reasonable and just 
maximum rate, which shall remain in effect two years un¬ 
less changed by the Commission or set aside by the courts 
as beyond the powers conferred. Enforcement of orders 
may be by injunction or by other mandatory order. Ap¬ 
peals may be taken to the Supreme Court of the United 
States. Contracts between carriers must be filed with the 
Commission, and all rebates and discriminations are abso¬ 
lutely prohibited. Persons offering or accepting rebates may 
be heavily fined, and imprisoned not more than two years. 


250 


THE AMERICAN CITIZEN 


437. The Librarian of Congress. —The Librarian of 
Congress is an independent officer, and reports directly to 
Congress. He has charge of the Congressional Library, 
which has 1,433,848 volumes and pamphlets and receives val¬ 
uable additions yearly. The Librarian has duties in regard to 
copyrights; and the law requires the delivery of two com¬ 
plete copies of the best edition of every book to the Con¬ 
gressional Library not later than the day of publication. 
The Library Building near the Capitol is the finest of its 
kind in the world. The collection is now the largest in the 
Western Hemisphere, and the third in size in the world. 
This library is very rich in history, political science, official 
documents—National, State, and foreign—and in important 
files of newspapers, and original manuscripts, dealing with 
the colonial, Revolutionary, and formative periods of Amer¬ 
ican history. Many of the rare books and manuscripts are 
exhibited in show-cases on the second floor of the Library 
Building. The Smithsonian collection is strong in scientific 
works, and includes the largest assemblage of the transac¬ 
tions of learned societies which exists in this country. The 
Library is supported by annual appropriations by Congress 
for various purposes, including the purchase of books. It 
is used primarily and essentially as a reference library, not 
as a lending library. Certain persons are entitled through 
statute law to draw books for home use. Among these are 
the President, Vice-President, Senators, Representatives, 
members of the Cabinet, Justices and Judges of the Federal 
Courts, Secretary of the Senate, Clerk of the House, Chap¬ 
lains of the Houses, ex-Presidents of the United States, 
representatives at Washington of foreign governments, and 
a few others. The Library Building is open to the public 
all days of the year, excepting legal holidays. 


THE EXECUTIVE POWER 


251 


438. Some Executive Functions: Division of 
Executive Power. —Within recent years executive func¬ 
tions have been given to bodies largely or even entirely in¬ 
dependent of the various departments. The Interstate 
Commerce Commission, the Civil Service Commission, and 
the Library of Congress already noticed are cases in point. 
To these may be added the Government Printing Office, 
the Smithsonian Institution, the National Museum, the Bu¬ 
reau of Ethnology, the Bureau of American Republics, and 
very recently the Isthmian Canal Commission. The names 
applied to many of the officials are often misleading as to 
their importance. The growth of the country has brought 
about the necessity for greater and still greater division of 
the Executive power. For forty-six years after 1789, the 
work of the Bureau of Patents was in charge of the Presi¬ 
dent and his Cabinet, who could not properly organize the 
business on account of the press of their other duties. 

The operations of the Executive Department of the Fed¬ 
eral government affect the welfare.of nearly a hundred mil¬ 
lions of people, and involve the annual expenditure of over 
half a billion of dollars. Responsibility for the efficient 
working of the great executive force rests on the President, 
but there must also be a division of labor. Washington be¬ 
gan his administration with three members of the Cabinet: 
a Secretary of State, a Secretary of the Treasury, and a 
Secretary of War. As the work of government has grown, 
new executive departments have been formed and the num¬ 
ber of cabinet officers increased. 


CHAPTER XXX 

THE JUDICIAL POWER 

439. A Principal Feature. — The establishment of 
the Federal judiciary is one of the strongest and most im¬ 
portant features of the Constitution of the United States, 
and no part of the government has contributed more to the 
peace and well-being of the country. “One of the vital de¬ 
fects of the old Confederation,” says Judge Story, “was 
the lack of a Federal judiciary.” Were the government 
obliged to depend upon the State courts for the enforce¬ 
ment of the laws of the United States, great inconvenience 
would arise. Any government that has a legislative body 
and an executive, must also have a judiciary to interpret 
and apply the laws. Hamilton, in expounding the Consti¬ 
tution, says: “The laws would be a dead letter without 
courts to enforce and apply them.” 

It was not the intention of the founders of the govern¬ 
ment that there should be any coalition of two co-ordinate 
and independent departments of the government. Hamil¬ 
ton said in The Federalist “The general liberty of the peo¬ 
ple can never be endangered from that quarter; I mean so 
long as the judiciary remains truly distinct from both the 
legislature and the executive. For I agree that ‘there is 
no liberty if the power of judging be not separated from 
the legislative and executive powers.’ And it proves, in 
the last place, that as liberty can have nothing to fear from 
the judiciary alone, but would have everything to fear from 


THE JUDICIAL POWER 


253 


its union with either of the other departments; that, as all 
the effects of such a union must ensue from a dependence 
of the former on the latter, notwithstanding a nominal and 
apparent separation; that as, from the natural feebleness of 
the judiciary, it is in 'continual jeopardy of being overpow¬ 
ered, awed, or influenced by its co-ordinate branches; and 
that, as nothing can contribute so much to its firmness and 
independence as permanency iu office, this quality may 
therefore be justly regarded as an indispensable ingredient 
in its constitution, and, in a great measure, as the citadel 
of the public justice and the public security.” 

440. Organization. — The Judicial power is vested 
in a Supreme Court, and in such inferior courts as Congress 
may ordain and establish (P). The United States courts, 
as created by the Constitution and perfected by the statutes 
of Congress, maybe divided into four classes: The Supreme 
Court, which sits at Washington; the Circuit Courts of 
Appeals; the Circuit Courts; and the District Courts (I9). 

441. Jurisdiction. — The general jurisdiction of the 
United States courts covers the following classes of cases: 
All cases in law and equity arising under the Constitution, 
laws, or treaties of the United States, or out of conflicting 
grants of different States; all admiralty and maritime cases; 
all cases affecting ambassadors, other public ministers, and 
consuls; controversies in which the United States is a party; 
cases between two or more States; cases between a State 
and citizens of another State; cases between citizens of dif¬ 
ferent States; and cases between a State, or citizens thereof, 
and foreign states, citizens, or subjects (Qi). 

All other cases are left to the State courts, from which 
there is no appeal to the Federal courts, except in certain 
specified cases. 


254 


THE AMERICAN CITIZEN 


The division of jurisdiction between the Supreme Court 
of the United States and the inferior Federal courts is de¬ 
termined principally by the size and importance of the cases. 

442. Tenure of Office. — All judges of the United 
States courts are appointed by the President, with the ad¬ 
vice and consent of the Senate, and hold office during life 
or good behaviour. Judges may be impeached, and if found 
guilty, removed from office. They may retire upon a pen¬ 
sion, at the age of seventy or over, after having served con¬ 
tinuously for ten years. 

443. The Supreme Court. —The Supreme Court con¬ 
sists of a Chief Justice and eight Associate-Justices. It 
holds annual sessions in the city of Washington, beginning 
on the second Monday of October. The sessions are held 
in the Capitol, in the chamber formerly occupied by the 
Senate. A quorum consists of any six Justices of the court, 
and a decision of a quorum is a decision of the court. The 
Justices wear black gowns in court, and are almost the only 
public officers in the United States making use of an official 
dress. The salary of the Chief Justice is $13,000; and each 
of the Associate-Justices receives $12,500. 

The Supreme Court of the United States is the most 
original of all American institutions, and is the greatest 
judicial power ever constituted by any nation. It stands 
at the head of all known tribunals, both by the nature of its 
rights, and the character of the parties which come under 
its control. The Supreme Court summons mighty States 
to its bar. When the clerk advances to the steps of the 
tribunal, and simply says: “The State of New York versus 
the State of Pennsylvania, ” it is impossible not to feel that 
the court which he addresses is no ordinary body. The 
power of the Supreme Court is enormous, but it is clothed 


THE JUDICIAL POWER 


255 


in the authority of public opinion. The court is the guard¬ 
ian of a people who respect the law. It has excited the 
admiration of the world, not only because it is the defender 
of the Constitution, but because of the ability and integrity 
of its judges. It has shown a strong disposition to perform 
its duties and render its opinions in accordance with the 
true meaning of the Constitution, and thus to be strictly 
representative of the people. 

In all cases where a State or a foreign minister is a party 
the Supreme Court has original jurisdiction, while in all 
other cases it has appellate jurisdiction only. Any case 
which involves the Constitution of the United States can be 
taken to the Supreme Court, however small the amount in 
dispute (Q 2 ). 

When the President of the United States is impeached 
the Chief Justice presides at the trial by the Senate (De). 

444. Circuit Courts. —The United States, exclusive of 
the territories, is divided into nine circuits, each consisting 
of three or more States. The first circuit contains four 
States, the second three, the third three, the fourth five, 
and so on. Each of the nine Justices of the Supreme Court 
is presiding judge of a Circuit Court. In each circuit the 
presiding Justice is assisted by circuit judges. Five of the 
circuits have three judges each; but the fourth circuit has 
only two. The second, seventh, and eighth circuits have 
four each. The third circuit, consisting of Pennsylvania, 
New Jersey, and Delaware, has three judges. These judges 
of the Circuit Courts act.quite independently of the justice, 
often holding court in one part of the circuit while the jus¬ 
tice is holding a court in another part. There are at pres¬ 
ent twenty-nine judges of the Circuit Courts of the United 
States. The salary of a circuit judge is $7000. In practice 


256 


THE AMERICAN CITIZEN 


it is rare that a member of the Supreme Court sits as a cir 
cuit judge. 

The Circuit Courts have only original jurisdiction. It 
includes all civil cases involving Federal law where the 
amount involved is at least $2000; also cases concerning 
patents, copyrights, or the revenue; cases brought by the 
United States against National banks; and cases where the 
rights of citizens are asserted against State laws. 

445. Circuit Courts of Appeals. — The judges of 
each circuit and the Justice of the Supreme Court for the 
circuit constitute a Circuit Court of Appeals. As its name 
implies, its jurisdiction is appellate only. Its decisions are 
final in all cases which arise on account of the citizenship 
of the parties, and also in all cases under the Federal pat¬ 
ent, revenue, admiralty, and criminal laws; and all other 
cases involving not more than $1000. These courts are 
expressly for the purpose of relieving the Supreme Court 
of a part of its business. The Court of Appeals of the third 
circuit is held in Philadelphia. 

446. District Courts. —The nine circuits are divided 
into judicial districts, and in each of these there is a special 
district judge. Districts never cross State lines. Sometimes 
a State constitutes one district, but a populous State may be 
divided into two or three districts. Pennsylvania has three 
United States District Courts. The sessions of the Eastern 
district are held in Philadelphia; of the Middle district, in 
Harrisburg, Williamsport, and Scranton; of the Western 
district in Pittsburg and Erie. The number of districts in 
the United States at present is eighty, presided over by 
ninety judges. District Courts deal with the more common 
civil cases arising under United States law, and such crimes 
against the country ns counterfeiting, robbing the mails, etc. 



CHAMBER OF THE SUPREME COURT 















THE JUDICIAL POWER 


257 


District judges are not confined to their own districts, but 
occasionally exchange. A district judge may, when it 
facilitates the business, sit as a circuit judge. Beside the 
three districts of Pennsylvania, the third judicial circuit in¬ 
cludes the district of New Jersey and the district of Dela¬ 
ware. I 11 the trial of crimes against the laws of the United 
States, the jurisdiction of the District and the Circuit Courts 
is concurrent except in capital cases, in which the Circuit 
Courts have exclusive jurisdiction. The salary of a district 
judge is $6000. 

447. The District Attorney and the Marshal.— 

Nearly every district has its own Federal district attorney, 
and a United States marshal, both appointed by the Presi¬ 
dent. The former is the public prosecutor in behalf of the 
United States. The marshal is the ministerial officer of 
the Circuit and District'Courts. He is, in fact, the Fed¬ 
eral sheriff; and is entitled to call on all good citizens for 
help, should any occasion for it arise. 

448. The Court of Claims. —The Court of Claims con¬ 
sists of five judges appointed by the President, and has 
jurisdiction over certain classes of claims made against the 
United States. If judgment is given against the govern¬ 
ment, Congress appropriates money for the settlement of 
the claim. The court holds its sessions in Washington, D. C. 

449. Court of the District of Columbia: Terri¬ 
torial Courts. —The Courts of the District of Columbia 
and of the Territories are courts of the United States which 
bear the character of State courts and Federal courts united. 
The judges of these courts do not come within the con¬ 
stitutional provisions in regard to tenure of office. Con¬ 
gress, however, has provided that the judges of the Court 
of the District of Columbia shall hold office during good 
behavior as do the other judges of the Federal system. But 


258 


THE AMERICAN CITIZEN 


the term of office of a Territorial judge is fixed at four years. 

The Court of the District of Columbia deals with the 
civil and criminal cases within the District. There are six 
judges on the bench of this court; and any one of these may 
hold a court with powers similar to those of district judges in 
the States. 

The Territorial Courts are organized in a manner similar to 
that of the District of Columbia, but the number of judges 
is smaller. All of these judges are appointed by the Presi¬ 
dent, by and with the consent of the Senate. 

450. Consular Courts. —In certain foreign countries, 
United States consuls exercise judicial functions in settling 
disputes in which Americans are interested. This pro¬ 
cedure is founded upon the assumption that in the country 
in which the consul is located, the laws are so imperfectly 
administered that the lives and property of American citi¬ 
zens could not safely be left to depend upon them. Ac¬ 
cording to some treaties with civilized nations United States 
consuls have jurisdiction over disputes between masters, 
officers, and crews of National vessels, while in a foreign 
port, on questions of wages, shipment, and discharge of 
seamen. 

451. Courts-Martial. —All cases arising in the mili¬ 
tary and naval service are tried in special courts called 
courts-martial. The militia, also, in time of war and pub¬ 
lic danger fall under the same rule. Such court has no 
jurisdiction over any citizen not employed in the military 
or naval service. 

The court consists of a number of army or navy officers 
appointed to try the case; the officers being selected from 
that branch of the service which is concerned in the matter. 
The rule in regard to an indictment by a grand jury has 
no application in cases of court-martial. 


THE JUDICIAL POWER 


259 


452. Jury Trial: Place-Trial by jury has been for 
centuries one of the most jealously guarded rights of the 
people. The Constitution expressly states that the trial of 
all crimes, except in cases of impeachment, shall be by jury 
(Q 3 ). The accused person must be tried at the place where 
the crime was committed. This secures justice to the ac¬ 
cused person, since he is tried among his friends and ac¬ 
quaintances and near the residence of his witnesses. These 
may readily attend the trial, so that he shall not be deprived 
of the testimony of any important witness. 

453. Treason Defined. —Treason is a crime which is 
usually placed in a class by itself. Treason is an act com¬ 
mitted by the citizen, in violation of the allegiance which 
binds him to the state. Other crimes assail the property or 
person of an individual, or a single public interest; but 
treason assails the state itself, and .seeks to overthrow the 
government. The Constitution defines treason as consist¬ 
ing only in levying war against the United States, or ad¬ 
hering to their enemies, giving them aid and comfort. For 
the conviction of a person accused of treason there is re¬ 
quired the testimony of at least two witnesses to the same 
overt act, or a confession in open court (Ri). Congress 
has the power to make laws determining the punishment to 
be imposed for the crime of treason (R 2 ). But the person 
who commits the treason must alone be punished; the rela¬ 
tives suffer no punishment, nor can their property be taken 
from them. The English common law made the sentence 
of death for treason affect the blood of the traitor. He could 
not transmit property to his heirs, and his estate was for¬ 
feited. Congress has passed a law that no conviction or 
judgment shall work corruption of blood, or any forfeiture 
of estate. There is therefore no forfeiture, even during the 
life of the person attainted. 


CHAPTER XXXI 

RELATIONS OF THE STATES 

454. State Records. —The acts, records, and judicial 
proceedings of any State are respected in every other State 
so far as they can have application (S). Without this pro¬ 
vision, a person against whom a judgment had been ob¬ 
tained might remove his property into another State, where 
the same could not be taken on execution without a new 
trial and judgment. A marriage or divorce in one State is 
a marriage or divorce in every other State, although neither 
marriage laws nor divorce laws are uniform. 

455. Privileges of Citizens. — The citizens of each 
State are entitled to all the privileges and immunities of 
citizens of the several States. No State can make any law 
that shall grant a certain right to some citizens and deny 
the same right to others. A State may, however, prescribe 
a certain term of residence therein as a condition for voting 
at elections (Ti). 

456. Fugitives from Justice: Extradition. — A 

person charged with crime, who shall flee from justice, and 
be found in another State, can be brought back for trial by 
means of a requisition. This is a written demand made by 
the governor of the State from which the person has fled 
to the governor of the State in which he is found, requiring 
the delivery of the prisoner to the proper officers, in order 
that he may be brought back for trial. The Constitution 
makes extradition between the individual States a duty (T 2 ). 
The Supreme Court of the United States has held that when 


RELATIONS OF THE STATES 


26 


the demand is made in due form, it is the duty of the gov¬ 
ernor on whom the demand is made, to respond to it, and 
he has no moral right to refuse. Nevertheless, the gover¬ 
nors of States have often refused compliance, when substan¬ 
tial justice did not seem to require it. No power has been 
conferred upon United States courts to compel compliance. 

The power to surrender persons who have committed of¬ 
fences in a foreign country, and have fled to one of the 
States, belongs exclusively to the United States. In gen¬ 
eral the request for extradition, and the surrender of the 
person, are acts of high authority, and are made in a for¬ 
mal diplomatic way. Only the more serious crimes, amount¬ 
ing to felony at common law, are extraditable. Most coun¬ 
tries refuse to surrender persons charged with political 
crimes. In general the surrender of a criminal is made 
only with the understanding that he is to be tried.for the 
crime mentioned in the extradition papers, and for no other. 

The class of persons to whom the third clause of this sec¬ 
tion applies (Ts) no longer exists, and it has become in¬ 
operative. The clause was really intended for the benefit 
of the slave-holding States. The Fugitive Slave Uaw of 
1850 was very similar to this clause. The operation of this 
law caused great indignation in the Northern States where 
freedom was believed to be the natural right of all men. 
Since any citizen was required by law to assist in catching 
and returning runaway slaves, if called upon to do so, the 
spectacle of a hunted fugitive sent back to lifelong captivity 
for no crime except that of being a black slave, brought 
home to the people the actual conditions of slavery. Under 
the fugitive slave laws of 1793 and 1850, a free negro who 
was suspected of being a fugitive could be arrested and his 
case decided without any chance for the cross-examination 


262 


THE AMERICAN CITIZEN 


of witnesses. In several instances free men, on false testi¬ 
mony, were thus delivered to claimants and sent into sla¬ 
very. Such acts, in a time of storm and stress, brought on 
the Civil War. 

457. Territories: New States. —As the parts of the. 
National domain have been settled, it has been divided into 
portions of various sizes, generally about the area of the 
larger States. These are Territories, and are governed un¬ 
der laws enacted by Congress. First, they have been given 
governors and judges by the President; then, as the popu¬ 
lation increased, they have been given legislatures, chosen 
by their own people, with the power to make laws subject 
to the approval of Congress. Finally, when the population 
has warranted the act, they have been admitted to the 
Union upon complete equality with the original thirteen 
States. The great National domain is thus a seed-bed for 
the growth and development of new States. Congress has 
power to make all needful rules and regulations respecting 
the territory and other property of the United States (U 2 ). 
In the erection of commonwealths, mistakes have been 
made by Congress. These should not be repeated. Ex¬ 
treme care should be exercised in the irrevocable step of 
State-making, nor would it be improper to establish a pro¬ 
gressively higher standard of admission. 

The Constitution provides that no new State shall be 
formed by the division of any State, nor by the junction of 
two or more States or parts of States, without the consent 
of Congress and the legislatures of the States concerned (Ui). 
But the State of West Virginia was admitted during the 
Civil War without the consent of the mother State. 

The organized Territories at present are Arizona, New 
Mexico, and Hawaii. Congress makes all the laws for the 


RELATIONS OF THE STATES 


263 


government of such territory as the District of Alaska, 
while the President appoints the governor and other 
officers. Congress also determines the civil rights and 
political status of the native inhabitants of our Spanish 
possessions acquired at the close of the war with Spain. 
Accordingly, a modified form of territorial government has 
been created for Porto Rico and the Philippines. In each 
government the majority of the upper house of the legisla¬ 
ture is appointed by the President, while the members of 
the lower house are chosen by the people. The governors 
and other important officers are appointed by the President. 
Representation at Washington is given by commissioners 
w r ho do not, however, have seats in Congress as the Terri¬ 
torial delegates have. A just and orderly government for 
the Philippines is a difficult problem on account of the 
mixed population, ranging from head-hunting savages to 
highly civilized Spanish-speaking gentlemen. 

Under the direction of the President, the Sul 11 Islands and 
Guam are governed by military and naval officers respec¬ 
tively. Tutuila is under a governor, and the Isthmian 
Canal Zone under a Commission, all appointed by the Pres¬ 
ident. 

What are the relations of the United States to CuLa? 
Congress has laid dowm certain bases as principles for the 
government of Cuba; the conditions have been accepted, 
and a republic formed, of which General Palma was chosen 
as the first president. The most important conditions are 
that Cuba must make no foreign agreements contrary to the 
interests of the United States; must not incur large debts; 
must keep forts relatively free from disease by proper sani¬ 
tation; and must cede to the United States certain sites for 
naval stations. 


264 


THE AMERICAN CITIZEN 


458. Public Lands. —Soon after the £lose of the Rev¬ 
olution, various States ceded to the United States their 
claims to western lands. From this cession arose the duties 
of the administration of these public lands, and the organi¬ 
zation of new States. It was decided by that body that the 
lands should be sold and the proceeds devoted to paying the 
National debt. A 11 ordinance passed by Congress in 1785 
prescribed the manner in which these lands should be sur¬ 
veyed. The general plan outlined in this bill has been car¬ 
ried out in detail by Congress in acts since passed by that 
body, and is applicable to all unorganized territory which 
has since come under the control of Congress. This plan 
for surveying and subdividing national lands was suggested 
by Thomas Jefferson, and is very simple. Such land is di¬ 
vided into townships six miles square by meridians and 
parallels of latitude. The meridians or range lines run due 
north and south, while others called township lines cross 
them at right angles. Then, by lines one mile apart, each 
township is divided into thirty-six sections. Bach of these 
sections of land contains one square mile, or six hundred 
and forty acres. The sections are numbered from east to 
west and west to east consecutively, beginning in the north¬ 
east corner of the township with No. 1, and ending in the 
southeast corner with No. 36. Each section is divided into 
quarter-sections and sixteenth-sections. 

The Ordinance of 1785 set apart and preserved section 
No. 16 in each township for the maintenance of public 
schools in that township. As this policy has since been 
followed in all laws concerning territory acquired by the 
United States, every State or Territory carved from the 
public lands has in every township one square mile of land 
devoted to free education. The title to such land is vested 


RELATIONS OF THE STATES 


265 


in the State legislature, and the proceeds from its sale form 
a permanent school fund, the interest of which is paid to the 
individual townships for the support of their schools. Since 
the organization of Oregon Territory in 1848, section No. 
36 has also been reserved for the school fund. Thus the 
schools of each of the newer Western States have a magnifi¬ 
cent endowment consisting of the income from one-eight¬ 
eenth of the land of the entire State. 

The most famous legislation for the organization of the 
“Territory Northwest of the Ohio” was the Ordinance of 
1787. It provided for the organization of government, and an¬ 
nounced sound doctrines of civil liberty. Each citizen was 
entitled to w r rit of habeas corpus and trial by jury. No per¬ 
son was to be molested on account of his religious senti¬ 
ments or his mode of worship. Neither slavery nor invol¬ 
untary servitude, except as punishment for crime, was per¬ 
mitted. The Territory and the States formed from it were 
to remain forever a part of the United States. It stated 
that since religion, morality, and knowledge are necessary 
to good government, schools and the means of education 
should forever be encouraged. It is one of the wisest doc¬ 
uments ever put forth by a deliberative assembly, and had 
great weight in shaping later organization of Territories. 
The Ordinance of 1787 was framed by the dying Congress 
of the Confederation. The glory of this Act of 1787 rests 
with it to offset its many trials and failures. 

Under the Homestead Act of 1862, any citizen of the 
United States, or a person who has filed the declaration of 
intention, if over twenty-one years of age, may take up 160 
acres of government land, and at the end of five years’ res¬ 
idence get a title free of cost. Under the Pre-emption Act, 
the price of government land is $2. 50, if it be within the 


266 


THE AMERICAN CITIZEN 


limits of land granted to railroads, or $1.25 if outside those 
limits. Most of the land, however, which can now be 
“homesteaded” or bought is barren or practically worthless 
without irrigation. 

459. Republican Form of Government. — The 

United States guarantees to every State a republican form 
of government. The propriety of a power to prevent a 
State from changing its government to any other than a 
republican form is evident. As the individual States have 
surrendered to the United States the right to keep troops or 
ships of war in time of peace, it is just and right that a 
State, when invaded by a foreign enemy, or suffering from 
domestic violence, should be aided and protected by the 
Federal government (V). 

During the great railroad strike in Chicago in 1894, the 
whole railway business of the region was practically sus¬ 
pended, and the orders of the United States Courts could 
not be enforced. The city and State governments were 
unable to keep order, and Governor Altgeld would not call 
for Federal aid. President Cleveland, however, made use 
of the only organized force equal to the case, and sent 
United States troops to prevent the obstruction of the mails 
and of interstate commerce. The governor claimed that the 
President should only have interfered on request made by 
him or by the legislature of Illinois. The decisions of the 
Supreme Court sustained the action of the President. 

460. How the Constitution May be Amended.— 
Since all the future needs of the people could not be fore¬ 
seen and provided for, it was anticipated that changes 
would be found necessary; provision was made, therefore, 
for the amendment of the Constitution. An amendment 
must first be proposed, and then ratified. There are two 


THE CONSTITUTION MA Y BE AMENDED 267 


different modes for proposing amendments, and two dif¬ 
ferent modes of ratifying them (W). 

An amendment may be proposed by two-thirds of both 
houses of Congress; or by a convention, called by Congress, 
on the application of the legislatures of two-thirds of the 
States. The first method is the more direct and simple, 
and is the one that has always been followed. 

Proposed in either of these ways, amendments, to become 
active parts of the Constitution, must be ratified by the 
legislatures of three-fourths of the States, or by conven¬ 
tions in three-fourths of the States. Congress determines 
which of the two ways shall be adopted. The first method 
is the simpler and more direct, and has always been fol¬ 
lowed. Thus it has resulted that in the making of the en¬ 
tire fifteen amendments to the Constitution, all were pro¬ 
posed by Congress and ratified by the State legislatures. It 
is not likely that any other method will ever be used. The 
Supreme Court of the United States has decided that it is 
not necessary that amendments which have received the 
two-thirds vote of both houses of Congress should be sent 
to the President for his approval or disapproval. The thir¬ 
teenth amendment, however, proclaimed in force Dec. 18, 
1865, bears such an approval by the President. 

The three exceptions to the power of amendment were 
the result of compromises made in the Convention of 1787. 
Two of them were caused by slavery, and are now simply 
of historical interest. The proviso that no State, without 
its consent, shall be deprived of its equal suffrage in the 
Senate, will never be changed. No State will ever consent 
to lose equal representation in the Senate. 

The fact that the conditions of amendment are so difficult 
gives the government a stability of organization which it 


268 


THE AMERICAN CITIZEN 


otherwise would not have. While changes are not prevent¬ 
ed, existing conditions cannot lightly be altered. There 
must be a great desire for a change on the part of the peo¬ 
ple, as shown by a two-thirds vote in Congress or State 
legislatures in proposing it, and the three-fourths vote in 
ratification. The clause granting the power of amendment 
is in many respects the most important one in the entire 
Constitution. The fundamental law is not supposed to be 
immutable. It constitutes a unit representing the determi¬ 
nation of the whole people, and is no less binding upon the 
legislator than upon the individual citizen. It may be al¬ 
tered by the will of the people, according to established 
rules. The Constitution may vary, but as long as it exists 
in a given form, it is the origin of all authority and the sole 
vehicle of power. 

461. Assumption of Public Debts. — The framers 
of the Constitution had no intention to repudiate any debts 
contracted previous to its adoption. The obligation of the 
general government to pay all debts contracted before its 
adoption is acknowledged (XO. The lack of power to raise 
money by taxation had been a source of weakness in the 
Confederation, and many debts had been incurred. The 
assumption of these debts, and the making of their pay¬ 
ment compulsory on the new government, was an act of 
the greatest wisdom; for it served to allay the fears of pub¬ 
lic creditors, who thought that a change in the government 
would be understood as releasing the Nation from its obli¬ 
gations. 

462. Supremacy of the Constitution. —The union 
of the States would be very unstable were not all State au¬ 
thorities bound by the Constitution, laws, and treaties of 
the United States (X 2 ). The Nation is above any State; 


COMPROMISES OF THE CONST/7 UTION 269 


and, if the laws and treaties made by the general govern¬ 
ment could be nullified by any State, the granting of power 
to make such laws and treaties would be ineffectual and 
valueless. But the doctrine of nullification has been over¬ 
thrown. The Constitution and its amendments, with the 
laws and treaties, form the supreme law of the land. 

463. Oath of Office: Religious Test. —Binding the 
conscience of public officers by oath or solemn affirmation, 
has long been considered effective in securing the faithful 
performance of their duties. All important United States 
and State officers are required to take oath or affirmation to 
support the Constitution. They are also generally required 
to swear to discharge the duties of their office to the best of 
their ability (X3). 

No religious test can ever be required as a qualification 
for holding any office or public trust under the United 
States. The full enjoyment of religious liberty is secured 
to every citizen, and the introduction of any religious test 
is prohibited. 

464. Compromises of the Constitution. — (l) The 

most difficult question which the framers of the Constitu¬ 
tion were called upon to settle was that of representation in 
Congress. The small States insisted upon equality of rep¬ 
resentation,—a single house, with equal vote of the States. 
They feared that if the number of members in Congress as¬ 
signed to each State were proportional to the population, a 
few of the larger States would be able to combine and con¬ 
trol legislation. O 11 the other hand the larger States were 
able to insist that their greater wealth and population en¬ 
titled them, to greater power in the government, and that 
they should not be exposed to the danger of undue taxation 
through a combination of the smaller States upon such 


270 


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measures. The Virginia plan called for two houses with 
equal representation in both. A delegate from Connecticut 
suggested that in one branch—the Senate—the States should 
be equally represented by two Senators each; and in the 
other branch—the House—the number of Representatives 
should be proportioned to the population, and the people be 
thus directly represented. This idea was adopted July 5, 
1787, and the first and most important compromise in the 
framing of the Constitution gave an equal vote of States in 
the Senate and proportional representation in the House. 

(2) Soon after this agreement the question of assessing 
Federal ,<direct taxes came up, and the members from the 
Northern States desired that in fixing the proportion for 
each State, negroes should be counted at their full num¬ 
bers. This matter was compromised (July 12) by a vote 
that Representatives and direct taxes should both be appor¬ 
tioned counting slaves at only three-fifths of their actual 
numbers. The National government now levies no direct 
taxes, and the matter of representation of slaves was settled 
by the adoption of the three great amendments resulting 
from the Civil War. In the language of the fourteenth 
amendment: Representatives shall be apportioned among the 
several States according to their respective numbers counting 
the whole number of persons in each State , excluding Indians 
not taxed. (Am. 14) 

( 3) It was agreed that Congress should have power to regulate 
foreign commerce , but the Southern members had fears that 
navigation acts might be passed for the protection of Amer¬ 
ican shipping, and freights on Southern exports be thus 
increased. A compromise (August 25) left Congress free to 
pass such acts by the usual majority, but the slave trade was 
not to be prohibited for twenty years. Export taxes were pro¬ 
hibited. 


COMPROMISES OF THE CONSTITUTION 271 


(4) The determination of the relation of the States to the 
Federal government was a compromise although not so clear¬ 
ly expressed. The Convention at first voted that Congress 
should have the right to veto State laws. But a substitute 
clause was adopted (July 17) providing for appeals to the 
Supreme Court of the United States , in case a State infringes 
on the National Constitution . 

465. “The Federalist.” — It was during the time be¬ 
tween the submission of the Constitution by the Convention 
of 1787, and its adoption by the several States that the cel¬ 
ebrated series of papers known as “The Federalist” ap¬ 
peared. These are known to be the joint production of 
Alexander Hamilton, John Jay, and James Madison. To 
this day this series of essays defending the Constitution 
forms one of the wisest and best discussions of the great 
fundamental law. Those letters which analyzed the general 
powers of the government, expounded its details, and made 
clear its historical and theoretical foundations, were the 
work of James Madison. The general conceptions of gov¬ 
ernment set forth in the Constitution, the defects of the 
Confederation, and many details of the new plan were set 
forth by Alexander Hamilton. John Jay discussed the ad¬ 
vantages and fitness of the new government for dealing 
with the foreign relations of the States. These papers form 
the chief manual of all students and historians of the Con¬ 
stitution. 

466. A Government of Checks and Balances.— 

The three great departments of the government of the 
United States—the Legislative, the Executive, and the Ju¬ 
dicial—act in such way as to establish a government of 
checks and balances. Each is given power to defend itself 
against the encroachments of the other two, and each acts 


272 


THE AMERICAN CITIZEN 


as a check upon the others. No single department can 
make itself supreme. The President exercises important 
legislative powers in his veto, and judicial powers when he 
pardons. Congress, through the Senate, acts as an advisory 
council to the Chief Magistrate,—without its consent no 
important appointment can be made and no treaty ratified. 
The Supreme Court may declare a law unconstitutional, and 
thus exercise supreme legislative functions. Lastly, Con¬ 
gress, through the initiative in taxation exercised by the 
House of Representatives, has effectual control over abuse 
of the executive function by the President. The laws must 
be made for all alike, and there can be no safety for the 
people nor for their government unless equal and impartial 
justice marks at all times its administration. How wonder¬ 
fully, in many critical days, does the Supreme Court illustrate 
the wisdom and inspiration of the men who founded the 
government of the United States! 

467. Ratification of the Constitution. —The imme¬ 
diate ratification of the Constitution was not expected, but 
a Union of less than nine States was deemed inexpedient ( Y). 
In less than one year after the framers of the Constitution 
had concluded their labors, nine States had ratified the 
Constitution. The other States ratified it later, the last 
State being Rhode Island in 1790, after proceedings under 
the Constitution had commenced. 





THE SENATE CHAMBER 




































CHAPTER XXXII 

THE AMENDMENTS 

468. Desire for a Bill of Rights. — A summary of 
the rights and privileges claimed by a people is known as 
a Bill of Rights. A declaration of rights was presented 
by Parliament to William and Mary in 1689, and enacted 
after the prince and princess became the rulers of Eng¬ 
land. At the time of the adoption of the Constitution of 
the United States, one of the objections raised against it 
was the fact that it contained no Bill of Rights or state¬ 
ment of political principles and maxims. The framers of 
the Constitution had thought such declarations unneces¬ 
sary. But several of the States, in ratifying the Consti¬ 
tution, expressed the desire that declarations and guaran¬ 
tees for certain rights should be added. Virginia, North 
Carolina, South Carolina, New York, Massachusetts, and 
New Hampshire all urged that amendments be made. 
The chief advocates of the Constitution in their several 
conventions had promnsed that changes would be possi¬ 
ble ; so that it was generally understood at the time of 
the ratification of the main instrument, that such addition 
as these amendments should be made. Hamilton, in urg¬ 
ing upon the States the adoption of the Federal Constitu¬ 
tion, argued that any amendments which might be de¬ 
sired by the people of the requisite number of States 
would be far more easy of attainment after the adoption 
of the Constitution than before such event. The fact that 
every amendment to an established Constitution would 


274 


THE AMERICAN CITIZEN 


be but a single proposition to be considered singly would 
aid in the facility of effecting an amendment. In the 
midst of his work for the adoption of the great instru¬ 
ment he writes: “A Nation without a National Govern¬ 
ment is an awful spectacle. The establishment of a Con¬ 
stitution, in time of profound peace, by the voluntary 
consent of a whole people, is a prodigy, to the completion 
of which I look forward with trembling anxiety.” 

469. A Wise Provision of the Constitution. — It is 
provided in the Constitution (W), that amendments may 
be proposed by Congress and then submitted to the 
States for ratification. The many amendments suggested 
at the time of the adoption of the Constitution were re¬ 
duced by Congress to twelve at its first session. These 
had secured the requisite two-thirds vote in both houses, 
and were therefore sent out to the States for ratification. 
Eight of them echoed the phrases of Magna Charta, the 
Petition of Right, the Declaration of Independence, and 
of the Virginia Bill of Rights. Out of the long processes 
of English constitutional history, the precedents and 
practices of English courts and justice, the charters and 
ancient parliamentary protests, these principles set forth 
by Congress had come. . They made secure the rights of 
individuals against the encroachment of Federal power. 

Although Congress proposed twelve amendments, ten 
only of those then proposed received the necessary rati¬ 
fication by three-fourths of the States. Virginia, the last 
State necessary to make up the requisite number, ratified 
these amendments December 15, 1791. These ten amend¬ 
ments—adopted almost immediately after the Constitu¬ 
tion—are often spoken of as a Bill of Rights. These ten 
amendments apply to the United States government 


THE AMENDMENTS TO THE CONSTITUTION 275 


only, and are not restrictions upon the States; although 
the State constitutions generally have similar provisions 
to protect the rights of the people from the State govern¬ 
ments. Some of the other amendments to the; Constitu¬ 
tion of the United States do, however, apply to the States. 

Certain rights are essential to civil liberty, and so evi¬ 
dently just, that it is not conceivable that Congress would 
ever have passed laws directly violating these rights, 
even had not such express prohibition been placed upon 
such laws. (Am. 1) 

470. Religious Freedom: Free Press and Free 
Speech. —Freedom in matters of religion, freedom of 
speech and of the press, all guaranteed in the first amend¬ 
ment, are very essential to civil liberty. This does not 
defend slander or* libel, nor does the right of the people 
peaceably to assemble give countenance to public tumult 
and disorder. The right to petition the government for 
redress of grievances is also granted by the same amend¬ 
ment. There can be no State Church , as the Episcopal 
Church in England, the Presbyterian Church in Scotland, 
the Catholic in Austria, or the Greek Church in Russia. 

471. Right to Bear Arms. — To deny the right of 
citizens to bear arms is a means employed by despotic 
rulers to enforce arbitrary government. Without such 
clause, ambitious men might, by the aid of the regular 
army, overthrow the liberties of the people. State laws 
forbid the carrying of concealed deadly weapons (Am. 2). 
Congress cannot pass laws forbidding the people to keep 
and bear arms. A well-regulated militia is necessary to 
the security of a free state, and the right to self-protec¬ 
tion cannot be infringed. A government which trusts its 
citizens with freedom to keep and bear arms must pre- 


276 


THE AMERICAN CITIZEN 


serve its character for justice, and it may be partly for 
this purpose that the right has been formally acknowl¬ 
edged in the Constitution (Am. 2). 

472. Rights of Householders. — The sending of 
soldiers to private houses and requiring that they be 
lodged and fed was once a common practice. This is one 
of the grievances set forth in the Declaration of Indepen¬ 
dence under the term quartering of soldiers. Congress 
must respect the home-rights of every citizen. In time 
of peace, soldiers cannot be quartered in any house with¬ 
out the consent of the owner; nor can this be done in 
time of war, save in a manner prescribed by . law. To 
secure the people against such intrusion is the object of 
this prohibition (Am. 3). 

473. Security of Person, Home, and Personal 
Effects. —It is provided that the right of the people to be 
secure in their persons, houses, papers, and effects against 
unreasonable searches and seizures shall not be violated. 
It is a principle of common law that a man’s house is his 
own castle. There could be no security of this kind if 
every man could, on mere pretense or suspicion of injury, 
obtain a warrant for arresting his neighbor, or for search¬ 
ing his premises and seizing his property. It is proper 
that a magistrate shall not issue a search warrant unless it 
shall appear, by the oath of the complainant, that there 
is probable cause. Even then, the persons and things to 
be seized and the place to be searched must be particular¬ 
ly described. Otherwise, innocent men might be sub¬ 
jected to much trouble, and unjust suspicion thrown upon 
their characters. Every citizen has the right to demand 
the authority by which an official act is done. An officer, 
or other person, who searches a place or seizes a person 


THE AMENDMENTS TO THE CONSTITUTION 277 


or things without a warrant, is guilty of a crime and can 
be punished (Am. 4). 

474. Rights of Liberty and Life. — The rights set 
forth in the fifth amendment are common law rights, and 
are founded upon just principles. Grand juries, as to 
general object, have been described in paragraph 190. A 
grand jury in the courts of the United States consists of 
not less than sixteen nor more than twenty-three men, 
drawn by lot. While this article remains as part of the 
Constitution, no person can be tried in a Federal court 
for any serious offence without an indictment by a grand 
jury. But cases arising in the military and naval service, 
and in the militia in time of war, are tried in courts-mar¬ 
tial without such an indictment. The army and navy 
could not enforce their needed discipline by such a sys¬ 
tem, as in those branches there is a necessity for prompt 
punishment of offences against military and naval rules. 
The fifth amendment further provides that after a fair 
and impartial trial and an acquittal, a person shall not be 
tried a second time for the same offence. Nor can the 
persons accused of crimes be compelled to testify against 
themselves, as many were once tortured into confession. 
No person can be deprived of life, liberty, or property by 
the United States government without due process of 
law. Private property cannot be taken for-public uses 
without just compensation to the owners. The govern¬ 
ment may, however, exercise its right of eminent domain 
and compel an owner to accept an amount found as just 
compensation by commissioners appointed to estimate 
the value of the property (Am. 5). 

475. Criminal Prosecutions. — Certain other pro¬ 
visions necessary to secure to every citizen the rights of 


278 


THE AMERICAN CITIZEN 


liberty and life are set forth, in the sixth amendment. A 
person accused of crime has certainly a right to a speedy 
and public trial by an impartial jury. He has the right to 
be heard in self-defence or by counsel. In England, until 
recent times, the prisoner was not allowed to have a law¬ 
yer to help him make his defence. It is also essential to 
justice that the accused person should know the nature 
of the charges against him, that he may prepare his de¬ 
fence. He has also the right to be confronted by the wit¬ 
nesses against him; to compel by process of law the at¬ 
tendance of unwilling witnesses; and to have the assis¬ 
tance of counsel for his defence even if he is too poor to 
employ a lawyer, in which case one is appointed by the 
court (Am. 6). The lynching peril may be removed if 
courts of justice will secure prompt trial of the accused. 
This crime seriously endangers the rights and liberties of 
the people. 

476. Suits at Common Law. —The seventh amend¬ 
ment refers to civil suits, or suits concerning property. 
The right to a trial by jury is granted wherever the value 
in controversy exceeds twenty dollars. I 11 such suits at 
common law, however, where the amount involved is one 
hundred dollars or less, the cases are usually tried before 
a justice of the peace without a jury. The latter part of 
this clause states that if a fact tried before a jury in a 
lower court is carried to a higher court, the re-examina¬ 
tion must be according to the rules of the common law 

(Am. 7). 

477. Excessive Bail. —The object of bail and the 
manner in which it is given have been stated in paragraph 
335. Without the restriction made in the eighth amend¬ 
ment, the sum might be made so high as to prevent per- 


THE AMENDMENTS TO THE CONSTITUTION 279 


sons accused of crime from securing the necessary sure¬ 
ties; whereby innocent persons might be subjected to 
long imprisonment before the day of trial. It is there¬ 
fore properly left to the court to fix the amount of bail, 
which should correspond to the degree of the offence. 
Courts have the same discretion as to the measure of 
fines and punishments. Cruel and unusual punishments 
are forbidden. Hanging although cruel was not unusual 
at the time of the adoption of the Constitution ; and elec¬ 
trocution, although an unusual punishment, gives no evi¬ 
dence of being also a cruel punishment (Am. 8 ). 

478. Reserved Rights. —There were persons who 
/feared that, because the Constitution mentions certain 
rights as belonging to the people, those not mentioned 
might be considered as surrendered to the general gov¬ 
ernment. An amendment was inserted to prevent such a 
misconstruction of the Constitution (Am. 9). 

479. A Very Important Clause. —The tenth amend¬ 
ment is similar to the preceding, and sets forth that the 
powers which the Constitution has not given t® the Fed¬ 
eral government, nor prohibited the States from exercis¬ 
ing, are reserved by the States or by the people. But, as 
may be seen in paragraph 395, the National government 
has certain implied powers in addition to those expressly 
given in the Constitution. Although there is nothing in 
the Constitution on the question of annexing territory, 
yet under Jefferson in 1803, Louisiana was purchased 
from France and promptly incorporated (Am. 10). Dur¬ 
ing the Civil War, Congress and President Lincoln took 
action in many cases which seemed to them of doubtful 
constitutionality, while such actions were essential to the 
successful conclusion of the war. The Union must be pre- 


28 o 


THE AMERICAN CITIZEN 


served at all hazards. The Federal courts have held, in 
the case of officers whose important duties are strictly 
defined, that the authority to do an act carries with it the 
power to use such means as are necessary for the accom¬ 
plishment of that end. And this amendment should be 
construed in that spirit. 

480. Individuals Cannot Sue States in Federal 
Courts. —The eleventh amendment was proposed at the 
first session of the third Congress, March 5, 1794, and 
its ratification by the proper number of States was an¬ 
nounced to Congress by a message January 8, 1798. This 
amendment prohibits a Federal court from trying any 
suit in law or equity commenced or prosecuted against 
one of the States by citizens of another State, or by citi¬ 
zens or subjects of any foreign country. This is intended 
to prevent a State from being sued in an original suit by 
a private person a citizen of another State. A suit may be 
brought in the courts of the State, but there is no way to 
compel payment of claims. Some States have taken ad¬ 
vantage of this amendment to repudiate their bonds, and 
this article has prevented the owhers from suing the 
States in the Federal courts. 

In the case of Chisholm vs. The State of Georgia, the 
Supreme Court of the United States decided that any 
State might be sued in an original suit by a private per¬ 
son, the citizen of another State, or the citizen or subject 
of a foreign state. This decision, by which a sovereign 
State could be figuratively dragged into court by a pri¬ 
vate plaintiff, was so displeasing that the eleventh amend¬ 
ment (Am. 11) was passed by Congress in 1794; and, 
having received the vote of the requisite majority of the 
States, was declared ratified January 8, 1798. Under its 


THE AMENDMENTS TO THE CONSTITUTION 281 


action, no State can now be sued by the individual citizen 
of another State, or the citizen or subject of a foreign 
state. This amendment denies the right of a citizen to 
sue a State without its own consent. Many State consti¬ 
tutions contain a clause setting forth the manner in which 
such States can be sued. All such cases are tried in the 
State courts, and not in the Federal courts. 

Recently (1908) under this amendment a question has 
arisen that results in a situation of great interest to stu¬ 
dents'of the Constitution. In an attempt to control the 
sale of intoxicating liquors, the State of South Carolina 
established State dispensaries, and practically went into 
the liquor business. It has since been sued for its liquor 
bills which it refuses to pay. Judge Pritchard decides 
that when a State engages in business not necessary to 
preserve its autonomy or sovereignty, it waives its rights 
under the eleventh amendment not to be sued without its 
consent. South Carolina serves notice that it will stand 
upon privilege, and the question will therefore go to the 
Supreme Court for final determination. 

481. Choosing the President and Vice-President. 
—The twelfth amendment effects a change in the mode 
of election of the President and Vice-President (Am. 12) 
and is considered at length under Chapter XXVIII, “The 
Executive Power.” This amendment was proposed by 
Congress in 1803, and ratified by the requisite number of 
States, according to public notice set forth by the Secre¬ 
tary of State, September 25, 1804. Since that time, now 
over one hundred years, no amendments have been made, 
nor very seriously proposed, except those made necessary 
by the result of the Civil War. These we shall now pro¬ 
ceed to consider. 


282 


THE AMERICAN CITIZEN 


482. Abolition of Slavery. — The Emancipation 
Proclamation of President Lincoln, which went into ef¬ 
fect January 1, 1863, abolished slavery in those States 
which were then in rebellion; but it did not affect the 
other slaveholding States:—Delaware, Maryland, Ken¬ 
tucky, Tennessee, Missouri, and parts of Louisiana and 
Virginia. The chief cause of the Civil War was slavery, 
and the conviction was reached throughout the country 
that this great evil should not survive the war. Men of 
imagination felt every moment of action dramatic, when 
on January 31, 1865, the House of Representatives agreed 
to this amendment; thus abolishing slavery in the very 
terms of the Wilmot proviso and the famous Ordinance 
of 1787, upon which so much bitter history had turned. 
This celebrated thirteenth amendment—the first change 
in the Constitution since 1804—was proposed by the Sen¬ 
ate April 8, 1864; but, failing of the necessary two-thirds 
vote in the House, had been laid aside. But when, on that 
day in winter it came a second time to the vote, a deathly 
stillness reigned while the roll call proceeded. As it be¬ 
came evident that the needed majority was* secured, the 
House broke through all restraint and joined in the shout 
of joy that arose from the crowded galleries. Men em¬ 
braced one another, for the end so long desired had come. 
The amendment was to complete the work of emancipa¬ 
tion and make the results of the war safe against reaction. 
When by oversight the amendment was sent to President 
Lincoln, and he returned it to the Senate with his appro¬ 
val, that body unanimously voted that the approval of the 
President was not necessary. The Senate did not notify 
the House of Representatives of the approval, and since 
that time no proposed amendment to the Constitution 


THE AMENDMENTS TO THE CONSTITUTION 283 

has been submitted to a President. This great amend¬ 
ment, which was declared ratified December 18, 1865, 
abolished slavery throughout the Union, and gave-the 
slaves the right to be freemen (Am. 13). 

483. The Right of Citizenship. —The famous Dred 
Scott decision, given by the Supreme Court of the United 
States in 1857, affirmed that negroes were things, or chat¬ 
tels, with no rights which white men were bound to re¬ 
spect. The fourteenth amendment, officially declared to 
have been ratified by the necessary number of States July 
28, 1868, reversed that decision and destroyed the distinc¬ 
tion between whites and blacks as to citizenship. All per¬ 
sons born or naturalized in the United States, and subject 
to the jurisdiction thereof, are citizens of the United 
States and of the State wherein they reside. Chinese chil¬ 
dren born in this country are citizens, although Congress 
has forbidden Chinamen to be naturalized. Indians who 
maintain their tribal relations constitute an exception to 
the rule that birth within this country necessarily confers 
citizenship (Am. 14). Children born to foreign officials 
living in Washington would not be citizens, because not 
subject to the jurisdiction of the United States. The four¬ 
teenth amendment gave the negro civil rights. The Con¬ 
stitution of the United States provides that the citizens of 
each State shall be entitled to all the privileges and im¬ 
munities of citizens in the several States (Tj). Whatever 
a person may claim as of right under the Constitution and 
laws of the United States by virtue of his citizenship, is a 
privilege of a citizen of the United States. Thus a citizen 
may pass from State to State; may have the benefit of 
the postal laws; may vote if he comes within the condi¬ 
tions of suffrage; or may demand the protection of the 


284 


THE AMERICAN CITIZEN 


United States. Wherever the United States is charged 
with the duty of protecting citizens against harm, incon¬ 
venience, or deprivation, a citizen is entitled to an immu¬ 
nity from such hardship. 

484. The Right of Suffrage. —Citizenship does not 
necessarily imply the right to vote. The thirteenth amend¬ 
ment gave the negroes freedom, and the fourteenth amend¬ 
ment granted citizenship, but the fifteenth amendment 
was required before they could gain the privilege of vot¬ 
ing. The second section of the fourteenth amendment 
was a strong inducement to grant negroes the right to 
vote, but it did not render the grant imperative. The fif¬ 
teenth amendment, bearing the date of March 30, 1870, 
compels all States to grant to negroes the right to vote. 
It declares that the right of citizens to vote shall not be 
abridged, either by the United States or by any State, on 
account of race, color, or previous condition of servitude 
(Am. 15). The States still possess the right to refuse the 
privilege of voting to certain classes of citizens, but can¬ 
not base this refusal upon these conditions. Notwith¬ 
standing all this the negroes, for a century and a half held 
in bondage, are still under many practical and legal dis¬ 
abilities. The force of the fourtenth amendment was 
weakened by a decision of the Supreme Court that the 
amendment was not intended to bring within the power 
of Congress the entire domain of civil rights, heretofore 
belonging exclusively to the States. In Massachusetts 
and some other States, Northern and Southern, an edu¬ 
cational qualification is required of voters. But in the 
Southern States a peculiar clause, especially designed to 
prevent ignorant negroes from voting, sets forth that the 
educational qualification does not apply to persons whose 


THE AMENDMENTS TO THE CONSTITUTION 285 


ancestors had the right to vote before negro suffrage be¬ 
gan, and who register within a given time after the law 
was made. This ingenious device, found in several of 
the State constitutions, has been called the “grandfather 
clause.” 

Thus, in the constitutional work of reconstruction, three 
great amendments to the Federal Constitution were ef¬ 
fected. The first of these amendments (Am. 13) declared 
the negro free forever; the second (Am. 14) made him a 
citizen; and the third (Am. 15) gave him the right to 
vote. He now has every right, every privilege, every op¬ 
portunity which the law can give to any white man. 
When the Secretary of State in 1870 announced that the 
fifteenth amendment had been ratified, the constitutional 
work of reconstruction was completed. The sacrifices of 
the terrible Civil War had not been made in vain. 

Thus through the wise provision for amendment (W) 
the Constitution has been brought more nearly into har¬ 
mony with those foundation principles of right and jus¬ 
tice which are able to secure the safety and happiness of 
the people. The men who framed the Constitution did 
not suppose that their work was perfect. They saw clear¬ 
ly that there would be growth in the nation—in wealth, 
in population, in culture and civilization, in developed in¬ 
dustry and commerce, and through the addition of new 
States. So, as the years pass, still other changes will be 
made according to the statement set forth in the Declara¬ 
tion of Independence, “it is the right of the people to alter 
or abolish their form of government” and to institute new 
relations upon sound principles of action. 

It is the people that make the Nation—not the Nation 
the people. Ours is a Federal Republic, and the essence 


286 


THE AMERICAN CITIZEN 


of our political system is in the Federal element. This 
Nation has grown great because it offers to the individual 
the widest liberty of action, consistent with the rights of 
others; and it has also left as much of government as 
possible in those repositories of power which are closest 
to the people. The institutions of this country are worth 
the price that was paid for them. A great war was the 
means whereby it was shown that the Union is not a con¬ 
federacy of sovereign States, each able to secede at pleas¬ 
ure, but a Nation of people bound together by ties which 
cannot be dissolved. In the language of the Supreme 
Court of the United States (1868), the Civil War marde 
this Nation “an indestructible Union of indestructible 
States.” The unity of our political character began with 
our very resistence to organized oppression, when, as 
United Colonies, in the Revolutionary War we secured our 
liberties. We were the United States Under the Confed¬ 
eration; and the name was perpetuated, and the Union 
rendered more perfect by the Federal Constitution. Un¬ 
der this instrument, the States severally have not retained 
their entire sovereignty. In becoming parts of a Nation, 
not members of a league, they surrendered some of their 
marks of sovereignty. The right to make treaties, de¬ 
clare war, levy taxes, exercise exclusive legislative and 
judicial powers, were all functions of sovereign power. 
The Union makes the States for these functions and pur¬ 
poses no longer sovereign. The allegiance of the citizens 
of the States, in all such matters in the first instance, is 
transferred to the United States. As American citizens 
they owe obedience to the Constitution of the United 
States, and to all laws made in conformity with the pow¬ 
ers it has vested-in Congress. Secession, or the claim 


THE AMENDMENTS TO THE CONSTITUTION 287 


that each State has the right to withdraw from the Union, 
died in the great civil conflict. The world has been 
shown that there is nothing stronger or more stable than 
what Lincoln called “government of the people, by the 
people, and for the people.” 

485. Constitutions a Growth. — Constitutions do 
not spring into existence at once, but are of slow-growth 
representing the movement of public opinion through 
long periods of years. The struggles of the people are 
for the purpose of formulating that opinion. Our Federal 
Constitution is not alone the work of the great men who 
met at Philadelphia in 1787. They did, indeed, produce 
what Gladstone declared to be the most wonderful w r ork 
ever struck off at a given time by the brain and purpose 
of man ; but it is rather the fruitage of the seeds sown 
along the pathway of the English race from the shores of 
northern Germany to those of greater America. We may 
see the freedom-loving Germanic people living in their 
little tuns, amid the forest and marshes, and governing 
themselves by means of the town meeting —the tungemot 
—in which all freemen had voice. Then came the rep¬ 
resentative democracy of the county meeting or shire-mot 
along with the earlier pure democracy of the tungemot. 

Amid the turmoil of the Danish invasions these princi¬ 
ples may have been obscured at times, but became clear 
again in times of peace. When the feudalism of the Nor¬ 
mans was established, the traditions of the people still 
kept the memory of these earlier liberties bright, and the 
Magna Charta compelled the kings to grant popular free¬ 
dom in larger measure. In our study of history it will be 
seen that privileges once granted to. the people cannot 
easily be withdrawn. 


288 


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Many historians and students of civil institutions re¬ 
gard the Petition of Right, in the reign of Charles I, as of 
equal importance with the Great Charter. Certainly, it 
was a bold assertion of rights by the representatives of 
the people. It showed the confidence of Parliament in 
the righteousness of its cause, and the determination to 
oppose the divine right of kings and to establish the real 
rights of the people. In this school of action the lesson 
of the justice of resistance to oppression was learned. 
When the Revolution of 1688 gave England new rulers 
who accepted the crown under conditions, another vic¬ 
tory for popular freedom was gained. 

In the new world, the Virginia House of P>urgesses is 
the first instance of popular government. The Mayflower 
Compact is the Constitution in. embryo. The various 
Frames of Government—the “Great Law” and the “Char¬ 
ter of Privileges”—set forth the same strife for the free¬ 
dom of the people. 

The Declaration of Independence, one of the most no¬ 
ble of documents connected with the history of our coun¬ 
try, was a strong bond of union and did much to hold the 
States together. No American who would know thor¬ 
oughly the history of his country can afford to be ignor¬ 
ant of its contents. And the Articles of Confederation, 
when we consider fully the time in which they appeared, 
were a bond of union worthy of careful consideration. 
With all their weakness, a careful study of their charac¬ 
ter must always be of value 

A review of the faults of the Articles of Confederation, 
as revealed in the experiences of the time of trial, will well 
prepare the student to begin the study of the Federal 
Constitution. The personnel of the Convention is worthy 



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THE AMENDMENTS TO THE CONSTITUTION 289 


of attention, and the work shows the greatness of the men 
who took part in framing the great instrument. It con¬ 
sists of many compromises in which no one obtained 
what he desired in every instance. These men were wise 
enough to see that there was room for diversity of opin¬ 
ion, and that in mutual concession something worth while 
could be accomplished. 

And yet the Federal Constitution is not a fixed, unal¬ 
terable thing, but has been undergoing changes ever since 
its adoption. Fifteen amendments have modified it very 
materially from what it was when the Convention closed. 
Great decisions rendered by the Supreme Court have giv¬ 
en new life to its provisions. Political customs have in 
some cases taken the place of methods prescribed in the 
text. In the election of a President the Electors really 
carry out the will of the National convention of the suc¬ 
cessful party. But the force that keeps the mechanism 
of a party at work is public opinion, and the character of 
this opinion depends upon the quality of the work done 
by the several party conventions. 

The saying of Gladstone that the Constitution of the 
United States is the most marvelous document ever 
struck off at a given moment by the brain of man is erro¬ 
neous in its common acceptation at least. Taken broadly, 
it is doubtless true, but analytically it is misleading. 
Clause after clause in verbatim language was copied from 
colonial charters, and ideas and phraseology were selected 
from English and Dutch precedents. As it was a growth, 
an evolution, so the student of the history of government 
knows that innovations are not suddenly injected into 
law whenever some one person may desire them. By 
normal processes of progressive thought, by almost un- 


290 


THE AMERICAN CITIZEN 


coriscious adaptation of mild improvements upon, old 
ways, are new conditions recognized and means to meet 
them adopted. At last, so large is the progress, so defi¬ 
nite the sum of the small and gradual betterments, that 
the people frankly agree to an open change in the organic 
law in order to comprehend and retain them. 

486. Constitutional Convention of 1787. — The 
historian John Fiske says that the members of this Con¬ 
vention contained among themselves a greater amount of 
political sagacity than had ever before been brought to¬ 
gether within the walls of a single room. The best and 
wisest men in the country were present. Washington 
was chosen president of the Convention. Among the 
ablest of the members were Benjamin Franklin, James 
Wilson, and Gouverneur Morris of Pennsylvania; Alex¬ 
ander Hamilton of New York; Oliver Ellsworth of Con¬ 
necticut ; Rufus King of Massachusetts ; Charles C. Pinck¬ 
ney of South Carolina; and James Madison of Virginia. 

487. Organization of the Government in 1789.— 
The first task which came upon the Congress of the 
United States in 1789 was the organization of the govern¬ 
ment. The fact that the organization to-day is essentially 
unchanged from that which was then established shows 
how well this work was done. Four of the executive de¬ 
partments were established: State, Treasury, War, and 
Justice. At the head of these departments Washington 
placed respectively Thomas Jefferson, Alexander Hamil¬ 
ton, Henry Knox, and Edmund Randolph. John Jay was 
appointed Chief Justice of the Supreme Court. In this 
connection the historical order of the establishment of the 
executive departments has value in the study of.civics. 


CHAPTER XXXIII 

CIVICS AND HISTORY CO-ORDINATED 

488. Current Events and Historical Data. —In the 

study of civics much advantage arises when the subject is 
co-ordinated with history and the proper consideration of 
current events. Many points of interest in such matters 
may be gleaned from the periodicals and. newspapers of 
the day. The discussion of these points in the classroom 
will add much to the interest which* the pupils will take 
in the. subject of practical civics. Many of the topics in 
this chapter are given in the form shown in the various 
newspaper articles iiT which they appeared. 

489. Settlement of Claims of Penn’s Heirs. — In 
1779 the Legislature of Pennsylvania voted $650,000 re¬ 
muneration to the heirs of Penn in settlement of all 
claims, the money to be paid three years after peace was 
made with England. The sum eventually paid was $570,- 
000. In 1790, the British government voted a pension of 
£4000 to the eldest male descendent of Penn's second 
wife in payment for the surrender of the lands. As late 
as 1884, this pension was commuted for the sum of £67,- 
000 . 

490. Assumption of the State Debts and Loca¬ 
tion of the National Capital. —Two distinctly sectional 
acts of legislation were settled by a compromise which 
practically set off against each other the location of the 
National capital on the Potomac River, and the assump¬ 
tion of the State debts by the National government.. In 


292 


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due course of time the President selected the present site 
at Washington, D. C., and State debts amounting to $21,- 
000,000 were assumed by the Federal government. It is 
said that Hamilton, as a Northern man, appealed to Jef¬ 
ferson, over whose dining table an agreement was reached 
that the Virginia members would vote for the assumption 
of the debts, if Hamilton would find the votes necessary 
to fix the National capital on the Potomac. By such com¬ 
promise—it would be called “a deal” to-day—both meas¬ 
ures were passed. 

By a proclamation issued March 30, 1791, Washington 
announced that the Federal District had been located. 
The original cession was ten miles square, lying on both 
sides of the Potomac, about two-thirds being in Maryland 
and the remainder in Virginia. The portion lying in Vir¬ 
ginia has since been restored to that State. 

491. Historical Order of the Executive Depart¬ 
ments. —The first executive department to be established 
was the Department of State—called at first the Depart¬ 
ment of Foreign Affairs. President Washington appoint¬ 
ed Thomas Jefferson to this office in 1789. 

An effort was made by Congress to make the head of 
the Treasury Department an agent of the Legislative 
branch of government, rather than an officer under the 
President. The difficulty, however, was overcome, and 
Alexander Hamilton became the first Secretary of the 
Treasury in 1789. 

The War Department was also established in 1789 
when Gen. Henry Knox, who had been head of the army, 
was called to the position of Secretary of War. 

In the same year the President appointed Edmund Ran¬ 
dolph Attorney-General of the United States. Washing- 


CIVICS AND HISTOR Y CO-ORDINA TED 293 


ton also called Samuel Osgood to the office of Postmas¬ 
ter-General in 1789, but the incumbent of this office was 
not considered a member of the Cabinet until 1829. 

The Navy Department was established in 1798, and 
President John Adams called Benjamin Stoddert to the 
position. 

Half a century afterwards, in 1849, on the establish¬ 
ment of the Department of the Interior, President Taylor 
appointed Thomas Ewing to the position of Secretary of 
the Interior. 

The first Secretary of Agriculture, Norman J. Colman, 
was appointed by President Cleveland in 1889. The latest 
cabinet position to be instituted is that of Secretary of 
Commerce and Labor. In 1903 George B. Cortelyou was 
appointed to this cabinet office by President Roosevelt. 

492. The National Capitol. —The cornerstone of 
the Capitol was laid in 1793. The wings were first com¬ 
pleted, and about $750,000 had been expended upon the 
building when it was partially destroyed by the British in 
1814. Four years afterwards the work on the central part 
was begun, and improvements have been made until now 
it is one of the stateliest and most harmonious buildings 
in the world. Built of white marble, on a hill overlooking 
the city, it stands, indeed, as a beautiful and impressive 
structure. It is 751 feet long, 350 feet wide, and is sur¬ 
mounted by a dome 287 feet above the base, crowned by 
a figure of Liberty, twenty feet high. The original dome 
was of wood, covered with copper, but in 1856 the present 
structure of iron was begun. All through the Civil War 
the work on the dome steadily progressed, and in 1865 the 
structure was completed. 


294 


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493. Monroe Doctrine. —This doctrine is based upon 
a declaration set forth in a message to Congress, in De¬ 
cember 1823, approving the bill which recognized the in¬ 
dependence of the South American republics. The essen¬ 
tial principle declares that the American continents are 
not to be considered as subjects for future colonization 
by any European power. Also, that any effort to oppress 
the South American states or to control their destiny will 
be viewed as a manifestation of an unfriendly disposition 
toward the United States. This doctrine has ever sffice 
held a place in the diplomacy and in the political creed of 
the Nation. It is the National resolution to assert and 
maintain the leadership that nature and history have as¬ 
signed to the United States on the Western Continent. 
It is in no sense a principle of international law. 

494. Spoils System. —This is the practice of regard¬ 
ing public offices and their emoluments as so much plun¬ 
der to be given to active partisans by those who are cho¬ 
sen to the greater administrative offices. Although An¬ 
drew Jackson in 1829 really meant to carry out his task of 
reform and remove no man from office without sufficient 
reason, he succeeded only in demoralizing the public ser¬ 
vice, since he took the advice of unscrupulous men intent 
only upon their own selfish ends. The practice antedates 
the day of that great hater of corporate greed and private 
advantage from public office. 

495. Wilmot Proviso. — In the village graveyard 
near the town of his old home inTowanda, Pa., a modest 
marble headstone marks the final resting place of one of 
Pennsylvania’s most able and heroic sons. On the inner 
face of the stone may be seen the date of his birth and 
death; and on the outer face, that may be seen from the 


CIVICS AND HIS TOR Y CO- ORDINA TED 295 


road as one passes by, we find the simple text of the Wil- 
mot proviso:— 

“ Provided , that neither slavery nor involuntary servi¬ 
tude shall ever exist in any part of said territory, except 
for crime, whereof the party shall first be duly convicted.” 

When in August 1846, Congress-had under considera¬ 
tion the appropriation of two millions “for the settlement 
of the boundary question with Mexico,” this amendment 
passed the House, but failed in the Senate with the money 
vote itself. But the question raised could not be put out 
of sight, and at last was settled only in the throes of the 
Civil War. 

496. That One-day President. —-The assertion is 
sometimes made that on Sunday, March 4, 1849, Senator 
David Rice Atchison of Missouri, who was then Presi¬ 
dent pro tempore of the Senate, was President of the 
United States, virtually for that day. He never was Pres¬ 
ident virtually or otherwise. In 1793 Congress enacted 
that, in the event of no President or Vice-President being 
ready to succeed, the office should devolve upon the Pres¬ 
ident of the Senate, and next on the Speaker of the House 
of Representatives. This law was changed in 1886. Now 
Zachary Taylor and Millard Fillmore were in Washing¬ 
ton on March 4, 1849. It being Sunday, they permitted 
an interregnum to follow until the next day. Senator 
Atchison took no oath as President, and without taking 
such he could not exercise the office. Zachary Taylor 
could have taken the oath at any time after noon on 
March 4, 1849. No pompous inauguration is demanded; 
nor, indeed, is the Chief Justice needed to administer the 
oath. Chester A. Arthur took the oath of office before 
State Judge Brady, in New York, at two o’clock in the 


296 


THE AMERICAN CITIZEN 


morning. Theodore Roosevelt took the oath of office in 
Buffalo, before Judge Hazel of the United States courts. 

At the psychological moment when the terms of office 
of Polk and Dallas expired, those of Taylor and Fillmore 
began, although the discharge of their duties awaited 
their taking the oath of office. The “virtuality” of Sen¬ 
ator Atchison is visionary, unless by some sudden death 
the elected officials had been removed. 

497. Dual Executive. —This was a plan whereby 
the power which the South originally possessed might be 
restored through an amendment to the Constitution. It 
was put forth—shortly before his death in 1850—by Cal¬ 
houn, and provided for the election of one President from 
the free States and one from the slave States, thus form¬ 
ing a dual Executive. The consent of both was to be re¬ 
quired to all acts of Congress before such legislation 
could become laws. 

498. Powers of Congress to Establish Certain 
Courts: Court of Claims. —The establishment of the 
Court of Claims by Act of Congress February 24, 1855, 
illustrates the creative power of the Legislative branch 
of the government. The court originally consisted of 
three judges, appointed by the President, by consent of 
the Senate, to hold office during good behavior. Its jur¬ 
isdiction extends to all claims founded upon any act of 
Congress, on any regulation of any executive department, 
or any contract, expressed or implied, with the Govern¬ 
ment of the United States, and all claims which might be 
referred to it by either of the houses of Congress. In 
cases where the amount in controversy exceeds $3,000, 
an appeal may be taken to the Supreme Court of the 
United States at any time within ninety days after judg- 


CIVICS AND HIS TOR Y CO-ORDINA TED 297 


ment has been rendered. Wherd the judgment or decree 
may affect a Constitutional question or furnish a prece¬ 
dent affecting a class of cases, the United States may 
take an appeal without regard to the amount in con¬ 
troversy. Claims must be filed within six years after the 
claim accrues, except in cases of disability. The court 
must hold one session annually, commencing on the first 
Monday in October. By act of March 3, 1863, the num¬ 
ber of judges was increased to five, and a Chief-justice of 
the court chosen from the number. The jurisdiction was 
also somewhat extended. The court has served as a mod¬ 
el for similar courts created in several commonwealths. 
Congress often refers to this court, for decisions upon dis¬ 
puted facts, the claims of paymasters, quartermasters, 
and other disbursing officers, as well as other claimants 
where the grounds of relief are not free from doubt. Con¬ 
gress makes appropriations to pay the awards rendered 
by this court. 

499. Dred Scott Decision. — This celebrated de¬ 
cision was delivered by the Supreme Court of the United 
States in 1857 in the case of Scott, a negro slave living in 
the State of Missouri. His master took him to Illinois, 
and, after residing there for two years, removed to Min¬ 
nesota—then a part of Upper Louisiana—one of the Ter¬ 
ritories. Two years later (1838), Scott’s owner took him 
back to Missouri and sold him. Scott brought suit in the 
courts, and endeavored to obtain his liberty on the ground 
that his residence in free State and Territory had de¬ 
stroyed his master’s rights over him. In course of appeal, 
the case reached the Supreme Court of the United States. 
The question at issue was mainly one of jurisdiction. 
“Was Dred Scott a citizen within the meaning of the Con- 


298 


THE AMERICAN CITIZEN 


stitution; had he any rightful standing in the courts?” 
To this question the Court returned a decided negative. 
Chief Justice Tan-ey declared that, under the Constitu¬ 
tion, “negroes have no rights which the white man is 
bound to respect.” “It is absolutely certain,” said he, 
“that the African race were not included under the name 
of citizens of a State by the framers of the Constitution.” 
“Dred Scott was not a citizen of Missouri within the 
meaning of the Constitution,.and was not as such entitled 
to sue in its courts.” The legislation known as the Mis¬ 
souri Compromise,, whereby citizens were prohibited 
from holding and owning slaves in the territory of the 
United States north of the line 36° 30', was declared un¬ 
constitutional and void. “Therefore neither Dred Scott 
nor any of his family—his wife nor his daughters—were 
made free by being carried into this territory; even if 
they had been carried there with the idea of becoming 
permanent residents.” But the abolition of slavery by 
the thirteenth amendment to the Constitution, ratified 
and adopted December 18, 1865, has put an end forever 
to such discussions. 

500. Contraband of War. —When two nations are 
at war, their war-ships may seize the private ships of 
friendly nations when caught carrying such goods to the 
ports of the enemy as would help to continue the war. 
Such articles are called “contraband of war,” and include 
arms and ammunition. In May 1861, three negroes es¬ 
caped from work on the Confederate lines, and made their 
way over to the Federal lines at Fortress Monroe. Gen. 
Butler, before whom they were brought, said, “These men 
are contraband of war: set them at work.” Hence arose 
the name contrabands often applied to negroes received 


CIVICS AND HIS TOR V CO-ORDINA TED 299 


within the Union lines throughout the great civil conflict. 

501. Slavery Abolished in the District of Co¬ 
lumbia. —Slavery was abolished in the District of Co¬ 
lumbia when President Lincoln approved, April 16, 1862, 
the Act of Congress passed by the Senate by 26 to 6 , and 
by the House 92 to 38. A bill prohibiting slavery in the 
Territories was passed June 19; and a bill giving freedom 
to escaped slaves of rebellious masters was passed July 
17, 1862. 

502. Thaddeus Stevens Nominated. —What can¬ 
not be said of any other man in history, can be said of 
Thaddeus Stevens. When he lay dead, he was, on the 
day following the arrival of his body, and within a few 
squares of his residence, unanimously renominated for 
Congress. If more poetic and less practical sections had 
such a hero, hallowed by such an incident, both the name 
and the fact would travel down the ages in song and 
story. 

503. Lincoln’s Views on Reconstruction. — On 

April 11, 1865, before a great multitude gathered about 
the White House, congratulating him upon the sure pros¬ 
pect of peace, he said these words,—his last public utter¬ 
ance : 

“We all agree that the seceded States, so-called, are out 
of their proper practical relation with the Union, and that 
the sole object of the Government, civil and military, in 
regard to these States is to again get them into the proper 
practical relation. It is easier to do this without deciding 
or even considering whether these States have ever been 
out of the Union, than with it. Finding themselves safely 
at home, it would be utterly immaterial whether they had 
ever been abroad.” 


300 


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504. Opening* the House. —In the organization of 
the House of Representatives, the clerk,as the only officer 
holding over from one session to another, calls the House 
to order and presides until a Speaker is chosen. He ap¬ 
points a committee of three to escort the newly elected 
officer to the chair. The oldest member in continuous 
service—the “father of the House”—then advances to the 
open space in front of the Speaker's desk, and administers 
to the Speaker the oath to uphold the Constitution and 
the laws. Then the Speaker administers the oath to the 
members of the House. The seats in the House are cho¬ 
sen in order assigned by lot. 

505. Minority Representation. —This is the means 
whereby a minority party is given place in the compo¬ 
sition of a board which from its nature should be non- 
partizan. The board of jury commissioners, and election 
boards are thus constituted. The lack of minority repre¬ 
sentation in State and National affairs produces very 
grave results. Many of the political evils might have 
been prevented during recent years, had the people of the 
State been able to utilize the reasonable precaution of 
minority representation. It may also be pointed out that 
many corporate iniquities, to which legitimate business 
interests have been unjustly submitted, and from whose 
evil effects the country has been suffering, might have 
been wholly prevented had there been some effective mi¬ 
nority representation on their boards of directors. Cu¬ 
mulative voting is in some degree a remedy for the evils 
of majority rule in corporations; since the minority, by 
putting all its strength on a few candidates, can be prac¬ 
tically certain of electing them. Under the plan of cumu¬ 
lative voting used in Michigan, each voter may cast as 


CIVICS AND HISTORY CO-ORDINA TED 301 


many votes as there are candidates for office. The device 
of the limited vote is used in Pennsylvania in the election 
of some county officers. No person is allowed to vote for 
more than two of the three commissioners. 

506. Prestige and Consulates. —In the Orient, the 
relative importance of a foreign nation popularly rests 
and depends upon the dignity surrounding the offices and 
residences of its official representatives. In places like 
Shanghai, China, it is essential that suitable buildings for 
the consular, judicial, postal, and other services be main¬ 
tained. Where we must have courts, jails, post-offices, 
and other things incident to a regular government estab¬ 
lishment, it is essential that they be adequately main¬ 
tained or the prestige of the Nation will suffer. Its im¬ 
portance and strength will be estimated by the visible 
evidences of its power. Shanghai was the center of the 
boycott of American goods a short time ago. It is proba¬ 
ble that the fact that the consulate building is in the least 
desirable part of the city, surrounded by large warehouses 
which make it practically impossible to see “Old Glory” 
from any great distance from the consulate, helped to 
make the boycotters think that the United States was not 
much of a Nation, and could be flouted with impunity. 
Bills have been introduced in Congress, and it is probable 
that some of the difficulties arising from such misconcep¬ 
tion of the relative importance of our Nation will be 
overcome through proper appropriations for buildings at 
Shanghai and other oriental posts. 

507. Limitation of Corporations. —Whatever the¬ 
ory may prevail as to its desirability, increased National 
control and increased State regulation of corporations has 
come to stay . The solution of the problem as it- is to-day 


3°2 


THE AMERICAN CITIZEN 


lies in arriving at some working arrangement as to the 
delimitation of jurisdiction whereby two authorities may 
be made concurrent, supplementary, and non-conflicting. 
Perhaps the only logical way would be to place in the 
hands of the Federal government larger power than it is 
now exercising in such matters. That is the only author¬ 
ity able to treat the subject in a broad and comprehensive 
way; and, because it is superior to the States, it can bring 
about the desired uniformity and order out of the present 
confusion. The impression is growing among all who 
have given the subject deep study, that the laws at pres¬ 
ent are antagonistic to the progressive spirit of the age, 
and creative of serious disturbances in commerce and 
trade. It is almost generally admitted that the railroads 
should be allowed, within certain limitations, to associate 
and combine their facilities; not only because that would 
enable them to serve the country better and cheaper, but 
because it would aid them to eliminate all secret practices 
which find their origin and excuse in competition. Thus, 
in a powerful way, would be promoted that open and 
square dealing which the law enjoins. 

508. Single Tax. — A most radical tax reform in 
which it is proposed that all revenues, National, State, 
and local shall be raised from a single tax imposed on 
land. This tax is laid upon land as such, and not upon 
the improvements upon the land. The abolition of all 
taxes upon industry and the products of industry is ad¬ 
vocated ; and in place thereof, the taking, by a single tax 
upon land values, of the annual rental value of all those 
various forms of natural opportunities embraced under 
the general term land. The ethical argument for the sim 
gle tax in the form of economic rent rests upon the theory 


CIVICS AND HIS TOR Y CO-ORDINA TED 303 


of natural rights. Since all men have equal right to life, 
and the use of land is essential to life, therefore all people 
have equal rights to the use of the land. When the exclu¬ 
sive possession of any particular piece of land acquires a 
value, that value rightfully belongs to all; because all 
have equal rights to the use of that superior land. For 
this reason the annual value should be taken as a single 
-tax, and used to pay public expenses. 

509. Standards of Value. — The use of both gold 
and silver as money is-highly advantageous, and almost 
indispensable; but, since the relative value of the two 
metals does not remain constant, the use of a double stan¬ 
dard of value becomes impracticable. Each metal has its 
independent sources of supply, and value varies with the 
changes in supply. Whenever two kinds of money of dif¬ 
ferent valuation are thrown into the trade of a country to¬ 
gether, the cheaper money will drive out the dearer mon¬ 
ey. If the government conies in to adjust the relations of 
the two metals, such interference disturbs the operations 
of trade. Were all commercial nations to adopt the double 
standard, an international congress would still be needed 
from time to time to adjust the relative values of the two 
metals 

510. Coinage of the United States. — The gold 
coinage of the country consists of double eagles ($20), 
eagles ($10), $5 pieces and $2.50 pieces. Certificates are 
issued against gold held in the Treasury. The gold in 
circulation December 1, 1907, amounted to $640,577,952, 
and the gold certificates to $675,636,209. 

Our silver coinage consists mainly of one-dollar pieces 
each containing 412^ grains of silver of nine-tenths fine¬ 
ness. These are receivable for all public dues ; and are. a 


304 


THE AMERICAN CITIZEN 


legal tender to an unlimited amount. They may be ex¬ 
changed for silver certificates. The number of silver dol¬ 
lars in circulation, either in the coins or their representa¬ 
tive certificates, amounts to $557,000,000. 

The subsidiary silver coinage, consisting of half-dollars, 
quarter-dollars,and dimes, amounts to $133,000,000. These 
coins are legal tender to the amount of ten dollars. The 
government will exchange them for paper money in sums 
of twenty dollars or multiples of the same. 

The minor coins, nickels and cents, are not legal tender 
for more than twenty-five cents; but these coins can be 
redeemed at the Treasury in sums or multiples of twenty 
dollars. 

511. National Bank Notes. —Any National bank 
may issue notes up to the amount of its capital stock, pro¬ 
vided government bonds equal to the amount of the notes 
be deposited as security. In case the bank fails to pay its 
notes, the Treasurer of the United States will sell the 
bonds and make payment from the proceeds. The aggre¬ 
gate capital of the National banks, December 1, 1907, 
was $904,494,775. The notes in circulation at that date 
amounted to $648,895,117. The banks pay a government 
tax of one per cent annually upon the amount issued. 
The National bank-note circulation is the largest single 
item in our paper currency. 

512. Manufactures in the United States. —Fifteen 
billion of dollars ($15,000,000,000) represents the value of 
the annual production of manufactures in the United 
States, according to the last report of the Chief of the 
Bureau of Manufactures. The figures do not represent 
the value of the finished products entirely, but include 
products in various stages of progress. The aggregate 


CIVICS AND HISTOR Y CO- ORDINA TED 305 


value of domestic merchandise exported was one billion, 
eight hundred fifty-four million dollars ($1,854,000,000) 
(1907). 

513. National Receipts and Expenditures. —The 

total receipts of the National government for the year 
ending June 30, 1907, were $665,306,134. Of this amount 
$333,230,126 came from customs, and $270,309,388 from 
internal revenue. From the sales of public lands the in¬ 
come was $11,553,178, and from various other sources, 
$50,213,442. The total expenditures for the same year 
were $578,360,592. The excess of revenue over ordinary 
expenditures was therefore $86,945,542. Postal rec.eipts 
are not included, as they are all used in maintaining the 
postal service. The total receipts, excluding loans, from 
the beginning of the United States Government, 1789, to 
1907 have been $20,141,734,986. The total expenditures 
during the same period have been $20,165,498,696. 

514. Our Civic Duty. —In an address recently de¬ 
livered by Mayor Guthrie of Pittsburg he pointed out the 
duties that devolve upon the citizens and officials of that 
great community. “A city beautiful, in my eyes, is a city 
which is immune from disease and vice; a city where 
moral and intellectual education is cared for, and where 
young lives are not unnecessarily crushed; a city where 
we must work with a sense of the moral responsibility 
which rests upon us.” 

515. Law and Equity. —The distinction between 
law and equity is quite important. According to Alexander 
Hamilton, as expressed in The Federalist, the great and 
primary use of equity is to give relief in extraordinary 
cases which are exceptions to general rules. Thus, a court 
of equity can give relief against hard bargains. Such are 


3°6 


THE AMERICAN CITIZEN 


all contracts in which, though there may have been no 
direct fraud or deceit sufficient to make them invalid in 
a court of law, yet some undue advantage may have been 
taken of the necessities and misfortunes of one of the 
parties concerned, which a court of equity or natural jus¬ 
tice would not tolerate. In Pennsylvania there is no sep¬ 
arate court of chancery—equity—but the common courts 
have equity jurisdiction. 

B16. Panama Canal. —This great canal will extend 
across the Isthmus of Panama from Colon, on the Atlan¬ 
tic coast, to Panama, on the Pacific. From a National 
point of view the completion of this canal will be invalu¬ 
able, as it will give water communication between the 
coasts of the two great oceans, and will place our island 
possessions, in point of communications, several thous¬ 
and miles nearer the seat of government than they now 
are. Mahan, a distinguished naval officer, says that the 
Isthmus, with all that depends upon it,—its canal and its 
approaches on either hand,—will link the eastern side of 
the American continent to the western as no network of 
land communications ever can. The United States has 
already asserted a special interest in it; and in the present 
she can maintain her claim, and in the future perform her 
duty, only by the creation of sea-power sufficient to hold 
predominance in the Caribbean Sea. The logical outcome 
of the broadening and tightening hold upon the sentiment 
of American democracy of that principle known as the 
Monroe Doctrine is the rehabilitation of the Nation as a 
great sea-power, notwithstanding the opposition of those 
who wish peace without paying the price which alone has 
ever insured peace,—readiness for war. 



CIVICS AND HIS TOR V CO-ORDINA TED 307 


The action of President Roosevelt, in recognizing the 
independence of the Republic of Panama November 13, 
1903, when he received its minister, has led to very im¬ 
portant relations. A treaty between the United States 
and the Republic of Panama, in effect February 26, 1904, 
provides for the cession by Panama of a strip of territory 
ten miles in width extending to the distance of five miles 
on each side of the central line of the route of the Panama 
Canal. This grant does not, however, include the cities 
of Panama and Colon, although they are within these 
boundaries. The United States controls all islands with¬ 
in the zone, and four small islands in the Bay of Panama. 

Since the putting forth of the Monroe Doctrine, Ameri¬ 
cans have insisted upon control of an Isthmian Canal, 
whether at Nicaragua or at Panama. International ques¬ 
tions have often been raised, and several generations have 
waited to see what is now being witnessed. At Paris, on 
April 22, 1904, the Panama Canal Company transferred 
its rights to the United States in consideration of $40,- 
000,000 paid by warrant of the Secretary of the Treasury. 
The Republic of Panama received $10,000,000. 

The work on the Panama Canal is making fair pro¬ 
gress, and the entire expenditures to June 30, 1907, 
amount to $100,489,816. Col. George W. Goethals, Chair¬ 
man of the Canal Commission, says that the Panama 
Canal will be open for business January 1, 1915. 

517. New Star in the Flag. —Washington, D. C., 
November 16, 1907. — “A new star was added to the 
American flag to-day by the formal admission into the 
Union of the State of Oklahoma. President Roosevelt 
at 10:16 o’clock this morning signed the proclamation ad¬ 
mitting the Territories of Oklahoma and Indian Terri- 


3°8 


THE AMERICAN CITIZEN 


tory jointly as the forty-sixth State of the Union.” The 
new star will not actually be added to the flag until July 
4, 1908. 

In appending his signature to the proclamation, the 
President used a pen formed from a quill plucked from 
the wing of an American eagle. The pen has been de¬ 
posited with the Historical Society of the new State. 

The proclamation contains a preamble, reciting, in a 
number of “whereases” that Congress prescribed certain 
conditions for the joint statehood of Oklahoma and In¬ 
dian Territory; that such conditions have been fulfilled, 
and that it appears that the government of the proposed 
State is republican in form, and in accordance with the 
Constitution of the United States and the Declaration of 
Independence. The proclamation then says: 

“Therefore, I, Theodore Roosevelt, President of the 
United States of America, do, in accordance with the pro¬ 
visions of the said Act of Congress of June 16, 1906, de¬ 
clare and announce that the result of said election, where¬ 
in the constitution formed as aforesaid, was submitted to 
the people of the proposed State of Oklahoma for ratifica¬ 
tion or rejection, was that the said constitution was rati¬ 
fied, together with a provision for State-wide prohibition, 
separately submitted at the said election, and that the 
State of Oklahoma is to be deemed admitted by Congress 
into the Union, under and by virtue of- said act, on an 
equal footing with the original States.” 

The State of Oklahoma has an area of 70,430 square 
miles, and 1,500,000 inhabitants. The area is greater than 
that of New England. The population is six times as 
great and the wealth fifty times that claimed by any other 
new State at the time of admission into the Union. The 



CIVICS AND HISTOR V CO-ORDINA TED 309 

State has 6,000 miles of railroad within its borders. Okla¬ 
homa City, the largest town, has 45,000 inhabitants, and 
'is only fifteen years old. 

518. Hamilton’s “Report on Public Credit.” — 

Alexander Hamilton, the first Secretary of the Treasury, 
did more to shape the financial policy of the Federal gov¬ 
ernment than any other man. He was a man of great 
genius, the intimate friend of Washington and had the 
clearest vision of the principles upon which this Nation 
was to be founded. One of the strongest constructive 
forces in the cabinet of Washington, he established the 
public credit on a firm basis. His report on the “Public 
Credit” laid the cornerstone of American finance under 
the Constitution. He was a constructive statesman, a de¬ 
viser of successful measures, a framer of public policies 
rather than a popular orator or a leader of men. For this 
reason he has never, perhaps, held the high place in pop¬ 
ular estimation to which his great services to this country 
entitled him. No man, except Washington or Lincoln, is 
more worthy of a statue in the National capital. 

519. Chief Justice Marshall and President Jef¬ 
ferson. —During the trial of Aaron Burr for treason there 
developed the spectacle of open antagonism between the 
President of the United States and the Chief Justice. This 
culminated in the issue by the Chief Justice to President 
Jefferson of a subpoena to appear and produce certain 
papers. The President produced the papers, but refused 
to appear. Marshall received a large amount of criticism, 
but adhered to his interpretation of treason as defined in 
the Constitution, and the jury rendered a verdict of not 
guilty under the influence of the opinion of the Chief Jus¬ 
tice on the law in the case. Burr, however, disappeared 


3io 


? HE AMERICAN CITIZEN 


from public view; and died in poverty and neglect in 
1836. 

620. Of the Duty of the Prosecuting Attorney.— 

Speaking in words which made for liberty the world over, 
a great judge of this country, one of the greatest in the 
English - speaking world, John Bannister Gibson, said: 
“The prosecuting attorney at the railing of the jury box 
stands not as the avenger of blood, not as a persecutor; 
but he stands for the rights of the accused as much as for 
the rights of the Commonwealth.” 

621. Congress as a City Council. —In so far as the 
National capital is concerned, Congress is the city council 
of Washington, D. C. An instance in point is shown in 
the recent approval by Congress of a bill authorizing uni¬ 
versal street car transfers in the capital city. Such bills 
are carefully prepared by the Commissioners of the Dis¬ 
trict of Columbia; and are then submitted by the presi¬ 
dent of the board of commissioners, for enactment by 
Congress. 

622. The Civil War and its Issues. —The two main 

issues of the Civil War were the doctrine of Slavery and 
that of State Rights. Opposition to the supremacy of the 
National government led to the secession of South Caro¬ 
lina and other States in 1860-61. The famous Ordinance 
of 1787 came in time to place bounds upon slavery in this 
country, and was one of the agencies which finally led to 
its abolition. It was passed when the western boundary 
of the United States was the Mississippi River, when 
Florida was Spanish territory, and the lands west of the 
Mississippi had been sold by France to Spain. The act 
virtually divided freedom and slavery by a geographical 
line—the Ohio River and the Mason and Dixon Line. In 


CIVICS AND HISTORY CO-ORDINA TED 31 * 


1787, slavery had almost disappeared north of that line. 
The efforts to keep the two sections of the country bal¬ 
ancing on the parallel 36° 30' date from the passage of the 
Ordinance, and were continued until 1850. The Missouri 
Compromise of 1820 gave temporary harmony; but sla¬ 
very was becoming a National question in which pro¬ 
slavery men wished to extend slavery over the United 
States, while anti-slavery men wished to abolish it. Soon 
after the Mexican War, the question of the right of Con¬ 
gress to prohibit slavery in the Territories became a Na¬ 
tional issue. Until 1855, twenty new States had been ad¬ 
mitted into the Union—ten with constitutions permitting, 
and ten forbidding slavery. When the Territory of Kan¬ 
sas was ready for admission as a State, its people could 
not agree upon the question of slavery. The Supreme 
Court decided, in the famous Dred Scott case, that the 
Missouri Compromise was unconstitutional, and that 
Congress had no power to exclude slavery from the Ter¬ 
ritories. But this decision could not settle the slavery 
question. The struggle in Kansas forced on the inevita¬ 
ble contest which determined “whether this Nation could 
exist half slave and half free.” Secession followed, and 
the formation of the Southern Confederacy was accom¬ 
plished. President Lincoln, recognizing that the struggle 
was essentially between freedom and slavery, issued the 
Emancipation Proclamation to be effective Jan. 1, 1863. 
Slavery was afterward abolished in all the States and Ter¬ 
ritories by the ratification of the thirteenth amendment. 

No formal declaration of war was made by President 
Lincoln; but the call for troops to get repossession of the 
property and fortresses seized by the Confederates, was 
an effectual declaration of war against Jefferson Davis 
and his sympathizers. 


312 


THE AMERICAN CITIZEN 


523. Victory of Manila. —In the harbor of Manila, 
on the morning of May 1, 1898, one of the most remark¬ 
able naval victories in the history of the world was won 
by an American squadron under Commodore George 
Dewey, now the Admiral of the navy. When war began 
between the United States and Spain, Commodore Dewey 
Was at Hong Kong, China, in command of the Asiatic 
squadron. He was at once ordered to sail to the Philip¬ 
pines, and capture or destroy the Spanish fleet at Manila. 
As he sailed out of the bay at Hong Kong, the signal sent 
out to the fleet was: “Keep cool and obey orders.” 

A little before midnight on the 30th of April, the Olym¬ 
pia, as flagship, led the American vessels in single file 
past the forts at the entrance of the bay of Manila. All 
the lights on the vessels were hidden, and the ships 
passed on unseen by the Spaniards, until the soot in the 
smoke-stack of one of the vessels caught fire. The guns 
of the Spanish batteries were instantly turned upon the 
fleet, but no injury was done. 

As day broke on the morning of May 1, 1898, Dewey 
found the entire Spanish fleet drawn up under the protec¬ 
tion of. the Cavite batteries about nine miles from the city 
of Manila. Admiral Patricio Montojo, one of the ablest 
Spanish officers, was in command. About five o’clock, the 
Olympia leading, the American fleet bore down upon the 
Spanish. Amid the muffled roar of submarine mines, ex¬ 
ploded too hastily by the Spaniards, the American fleet 
passed on until the quiet command of Dewey to the cap¬ 
tain of the Olympia came: “You may fire when ready, 
Gridley.” Five times, in single file, the American fleet 
passed and repassed the Spanish vessels, pouring in dead¬ 
ly broadsides with the wonderful marksmanship of the 


CIVICS AND HISTORY CO-ORDINA TED 313 


American gunners. At the end of two hours, nearly ev¬ 
ery ship of the Spanish fleet had either been sunk or set 
on fire. 

This victory led to the acquisition of the entire Philip¬ 
pine group of islands by the United States. These were 
the most important colonial possessions of Spain, form 
one of the largest groups in the world, and are so rich and 
beautiful that they are called the “Pearls of the Ocean.” 

524. Circulating Medium. —The money in circula¬ 
tion ; coin, and notes and bills current for coin. The en¬ 
tire circulating medium of the United States amounts to 
more than $3,000,000,000, of which $2,772,956,455 is in 
circulation. The percentage of gold is 41.9 of the entire 
circulation. The Currency Act of 1900 requires that all 
United States money be kept at parity with the gold dol¬ 
lar. 

525. Merit System in the Consular Service.— 

The question of the improvement of the diplomatic ser¬ 
vice abroad deserves careful and systematic considera¬ 
tion. It cannot be said that the consular service has been 
neglected during late years, for many material reforms 
have been instituted. Consular appointments are no 
longer regarded as political rewards to be handed over to 
persons unfitted by education, training, and habits of life 
for the duties entrusted to them. The merit system has 
been instituted, and provides a fairly effective test for 
persons desiring to enter the service. At the same time 
much still remains to be done in order to raise the char¬ 
acter of the service, and to render it attractive to compe¬ 
tent men. Proper legislation should place the service on 
a par with the army and navy as regards the permanence 
of positions and the conditions under which they are to 


THE AMERICAN CITIZEN 


3H 

be obtained. Mere transients assuming consular po¬ 
sitions make poor officials. The service must be made 
worth while, and must afford opportunities such as are 
offered by the professions. Then there will be no diffi¬ 
culty in securing the right kind of men to represent this 
country, and care for our commercial and other interests 
the world over. 

526. United States Commissioners. — The com¬ 
mitting magistrates of the Federal District Courts are the 
United States commissioners appointed by each district 
judge in various parts of his district. Persons arrested 
for crimes against the United States are brought before 
these commissioners, and if the evidence warrants hold¬ 
ing the prisoners for court, they are sent to jail or admit¬ 
ted to bail until they can be brought to trial. These com¬ 
missioners occupy a relative position in the Federal 
judicial system similar to that of the petty courts of the 
judiciaries of the several States. Commissioners are ap¬ 
pointed by the judges of the Circuit Courts, and in such 
numbers as the courts may consider necessary to the 
transaction of the business, and to the performance of 
the duties imposed. The appointment of a commissioner 
must be recorded in the court, and the Attorney-General 
be notified. Commissioners hold office during four years, 
but are subject to removal at any time by the court. They 
are paid by fees which are prescribed by law. They are 
authorized to administer oaths and to issue warrants for 
offenses against the United States, to cause offenders to 
be arrested and imprisoned or bailed for trial, and to. 
order the removal of offenders to other districts. Com¬ 
plaints of the violation of the Chinese exclusion law are 
heard before United States commissioners, and the com¬ 
missioner before whom the complaint shall be heard is 


CIVICS AND HISTORY CO-ORDINATED 315 


designated by the United States District Attorney for 
the district. 

527. “Father of the Constitution.” —James Madi¬ 
son, the fourth President of the United States, was born 
at Port Conway, Va., in 1751. In the Constitutional Con¬ 
vention of 1787 he was a leading figure, though, being 
secretary of the Convention, he did not take a conspicu¬ 
ous place in the debate. On account of his services, he 
was afterward called the “Father of the Constitution.” 
As a contributor to The Federalist, with Jay and Hamilton, 
he did much to secure the ratification of the Constitution 
by the States, especially New York and Virginia. When 
Jefferson became President in 1801, Madison was called 
to the position of Secretary of State. In 1809 he was cho¬ 
sen President, and at the close of his term retired to his 
estate at Montpelier, Va., where he maintained a strong 
influence upon his party and political events in general. 
His wife, familiarly called “Dolly Madison,” was perhaps 
the most popular mistress that the White House has ever 
known. 

528. Distribution of Powers. —Certain powers be¬ 
long exclusively to the Federal government, and are so 
given by the Constitution. Thus the framers of that in¬ 
strument gave to the central government absolute control 
over the following matters: — war, peace, treaties, alli¬ 
ances, ambassadors, postal affairs, the army and navy, 
foreign commerce, interstate commerce, naturalization, 
coinage of money, Indian affairs, patents, copyrights, 
bankruptcy, territories, letters of marque and reprisal. 

By an amendment adopted in 1791 (Am. 10), it was de¬ 
clared that the powers not delegated to the United States 
by the Constitution, nor prohibited by it to the States, 


316 


THE AMERICAN CITIZEN 


are reserved to the States respectively, or to the people. 

But if the Federal government and the State govern¬ 
ments are to work in harmony,.certain powers must not 
be given exclusively to either, but powers of the same 
kind must be granted to both. Powers belonging to both 
governments are called concurrent. Those established by 
the Constitution relate to the following -matters :—taxa¬ 
tion, public debt, citizenship, suffrage, elections, militia, 
and eminent domain. 

In order to safeguard the interests of the States, certain 
powers were formally prohibited to the Federal govern¬ 
ment. Thus the first eight amendments restrain the Fed¬ 
eral government but do not restrain the States. Certain 
powers are denied to the Federal government in Article 
I, Section 9, (J). 

The framers of the Constitution saw also .that certain 
limitations upon the power of the States would be valua¬ 
ble. As a pledge of good faith on the part of the States, 
a self-denying section, Article I, Section 10, was inserted 
(K). 

As will be seen there are three prohibitions upon both 
State and Federal governments: neither a State nor the 
United States can grant any title of nobility (J 8 , KQ ; or 
pass an ex post facto law (J 3 , KQ ; or pass any bill of at¬ 
tainder (J 3 , K x ). These cannot possibly be done by any 
existing governmental agency. 

529. Democracy against Tradition. —There was 
practically but one .issue in the Presidential campaign of 
1828. It was a strife between democracy and traditional 
policy. A change of twenty-six thousand votes in Penn¬ 
sylvania would have given John Quincy Adams the vote 
of this State, and the election. Andrew Jackson carried 


CIVICS AND HISTORY CO-ORDINA TED 3*7 


every Southern and Western State, and received 647,231 
popular votes against 509,097 for Adams. “A new king 
had risen up over Egypt, which knew not Joseph.” A 
positive and forceful character could alone win the admir¬ 
ation of the people of the growing, thriving, bustling, 
eager communities of the West. John Quincy Adams, 
though one of the best Presidents the country has ever 
seen, was not a popular one. A widespread notion pre¬ 
vailed that there was danger of the formation of an aris¬ 
tocracy, and it was believed that Jackson represented the 
people, and had been unjustly set aside when Adams was 
chosen by the House of Representatives. Andrew Jack- 
son was carried into office on a wave of popular enthusi¬ 
asm. 

530. Relation of the United States to Immigra¬ 
tion. —The thirteen colonies which asserted their inde¬ 
pendence and compelled England after a long war to rec¬ 
ognize it, were chiefly populated by men of the English 
race, immigrants from England and the lowlands of Scot¬ 
land. These people were in an overwhelming majority 
in all the colonies, and especially in New England. Of 
kindred race with the predominant English were the 
strong, vigorous Dutch who founded the colony of New 
York. In the eighteenth century there was an immigra¬ 
tion of Huguenots to the various colonies, and these men 
were of admirable quality. There was also a considera¬ 
ble immigration of Germans from the Palatinate, and of 
Scotch-Irish from the north of Ireland. The Germans and 
Scotch-Irish settled chiefly in Pennsylvania, Virginia, and 
North Carolina. They were robust men, and were a most 
worthy addition to the population. Speaking broadly, the 
thirteen colonies at the time of the Revolution had an 


318 


THE AMERICAN CITIZEN 


overwhelming majority of inhabitants who were English- 
speaking or who came from related stocks. These were 
the men who fought in the Revolution, and who adopted 
the Constitution. Our political institutions and our gov¬ 
ernments, State and National, were founded by and for 
these people and in accordance with their ideals and their 
traditions. They were a homogeneous people, and the 
institutions which they established were essentially their 
own, were thoroughly understood by them, and suited 
them in every respect. The soundness of the political 
system which they founded has been demonstrated by 
more than one hundred years of existence, and by the 
glorious record of the manner in which its perils have 
been triumphantly surmounted. 

But there have been many changes in the immigration. 
After the great famine in Ireland (1845-6), large numbers 
of immigrants came to the United States from all parts of 
the island, but these people presented no difficulties of 
assimilation, and were a valuable addition to the popula¬ 
tion. Later came Germans and Scandinavians whose 
blending with the people of the United States was merely 
the reunion of kindred stocks. Then came French-Cana- 
dians, a valuable element, but these have been, in a broad 
sense, Americans for generations, and their coming to 
the United States was merely a movement of Americans 
from one part of America to another. 

But within the past twenty years there has been a great 
change in the proportion of the various nationalities emi¬ 
grating from Europe to America. The growth in recent 
years in our immigration has been from Italy, Poland, 
Hungary, and Russia, from subjects of the Sultan, and is 
now extending to Asia Minor. With the exception of the 


Cl Vies AND HIS TOR V CO- ORDINA TED 319 


Italians, these people have never been amalgamated with 
the races which have built up the United States. 

The only restrictive legislation in regard to immigra¬ 
tion into the United States relates to Mongolians. All the 
rest of such legislation, although somewhat restrictive in 
effect, is purely selective in character. The criminal, the 
diseased, all laborers under contract, and all “assisted 
immigrants” are excluded. There is a growing and active 
demand for more restrictive legislation. 

531. Great Naval Base at Pearl Harbor. —Pearl 
Harbor, Hawaii, is beyond question one of the best, if not 
the best, natural harbor in the world. It has a depth of 
water of over sixty feet and an area of over ten square 
miles, and is capable of floating the combined navies of 
the world. It is not only land-locked, but, by reason of 
the topography of the surrounding ground, ships lying 
in this harbor are out of view from the open sea. It is 
the only really good site for a naval base in the Pacific 
ocean, and is the recognized key to naval supremacy in 
those waters. Its equipment as an operating base is es¬ 
sential to the most successful operation of our fleets 
whether offensive or defensive. 

For over sixty-six years the United States government 
has recognized the strategic importance of the Hawaiian 
Islands and the necessity of preventing their occupation 
by any other nation. In 1842, President Tyler gave no¬ 
tice to all European nations, that the United States would 
never consent to their occupying Hawaii or establishing 
any naval base there. This “Monroe doctrine of the Pa¬ 
cific” was reiterated by Daniel Webster, as Secretary of 
State, in 1851, by William L. Marcy, by James G. Blaine, 
and by William McKinley. 


320 


THE AMERICAN CITIZEN 


Ten years ago, this country, foreseeing that these isl¬ 
ands might fall into the hands of an Oriental nation, an¬ 
nexed the Hawaiian Islands. This action was taken pri¬ 
marily because of the strategic value of the islands, and 
for the purpose of establishing a strong naval base at Pearl 
Harbor. This naval base is not designed Simply to pro¬ 
tect Hawaii; its main purpose is to form a buffer of de¬ 
fense for our whole Pacific coast, and to make possible 
our naval supremacy in that ocean. The equipment of 
Pearl Harbor is a matter of National prudence. It affords 
the least expensive way of defending our Pacific coast, 
and will be one of the strongest factors in the prevention 
of war with any power in the Orient. The question of a 
naval base in Hawaii is not comparable with the same 
problem elsewhere. Hawaii is both a permanent and or¬ 
ganic part of our Nation, and a source of revenue also. 
The Federal Treasury receives over one million dollars 
annually from this source. Every consideration of Na¬ 
tional honor and policy demands that this great defensive 
outpost at Hawaii be made impregnable and equipped as 
a naval base at the earliest convenient time. 

By a strange destiny, American feet have been placed 
in the Hawaiian Islands, in the Aleutian Islands, in Alas¬ 
ka, in Panama, in Samoa, in Guam, and in the Philippines. 
This great Nation, the one mighty nation of peace, now 
spreads out over the whole Pacific. The Hawaiian Isl¬ 
ands form the center of a large circle whose radius is the 
distance from Honolulu to San Francisco. Shut out from 
these islands as a base, an enemy would be thrown back 
for supplies of fuel to distances of about four thousand 
miles—an impediment to maritime operations almost pro¬ 
hibitive. It is rarely that so important a factor in the de- 



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THE NAVAL BASE AT PEARL HARBOR 













CIVICS AND HISTOR Y CO-ORDINA TED 321 


fense of a sea-frontier is concentrated in a single position, 
and this Nation must rise to its opportunity and make 
Pearl Harbor the greatest naval base in the world. 

532. Powers Under the Constitution. —Chief Jus¬ 
tice John Marshall has been called, by an eminent jurist, 
“a second author of the Constitution.” This estimate, of 
this greatest judge in our history was made, not simply 
because he was a great lawyer, but because he was a 
statesman of high order interpreting the Constitution in 
accord with the deepest needs and purposes of the Nation. 
Marshall has defined implied powers as those that are nec¬ 
essary to carry into effect those that are expressly dele¬ 
gated or granted by the Constitution. Thomas Jefferson 
—strange as it may seem—gave the loose construction of the 
Constitution its broadest application in the purchase of 
Louisiana without authority specifically expressed in the 
Constitution. When this vast extent of territory, 800,000 
square miles, fell to the new republic, perpetual union was 
assured. And the party of strict construction had done the 
act, and thus had committed itself to a broad interpreta¬ 
tion of the Constitution and a liberal conception of the 
Nation's greatness and destiny. The right to annex ter¬ 
ritory was afterwards upheld by the Supreme Court. 
Daniel Webster, speaking words of praise of the military 
power of England, uttered a truth which is fast becoming 
applicable to the younger branch of the great English 
race: “A power which has dotted over the surface of the 
whole globe with her possessions and military posts; 
whose morning drumbeat, following the sun and keeping 
company with the hours, circles the earth with one 
continuous and unbroken strain of the martial airs of 
England.” 


3 22 


THE AMERICAN CITIZEN 


633. The Power of the Speaker. — When Henry 
Clay, at the age of thirty-four, was chosen Speaker of the 
House of Representatives in 1811, a new order of political 
energy came into action. Eloquent, fervid, and full of 
zeal for American dignity and honor, he could have no 
feeling of colonialism or of inferiority to foreign powers. 
Clay organized the committees of the House on an ag¬ 
gressive basis, and the young and vigorous men of the 
party prepared for war. Clay was the first Speaker to 
make use of his position materially to influence legisla¬ 
tion. He was the first of modern Speakers; for from his 
day the power of the Speaker’s office has grown so 
strongly along the lines that he marked out, that it can 
now be justly called at least second in importance and 
power in the government. The natural leader of that 
time was Henry Clay; and that the place he was given 
from which to lead the country was the chair of the 
House of Representatives is a fact of great significance. 
One of the most interesting studies in the government of 
the United States is that'contained in the examination of 
the growth of the power of the Speaker. At the time of 
the framing of the Constitution, the official in mind was 
undoubtedly simply a presiding officer charged with the 
direction of the course of procedure of the House of Rep¬ 
resentatives through an impartial administration of its 
rules. But in these later years he has become one of the 
strongest factors in determining the character of legisla¬ 
tion. He signs all acts, resolutions, and other evidences 
of action of the House. As the presiding officer, he de¬ 
cides all points of order arising during the sessions of the 
House. The Speaker of the House, as is the case in the 
State Legislature, has exclusive powers in the formation 


CIVICS AND HIS TOR V CO-ORDINA TED 323 


of the various committees of the House. The most im¬ 
portant committees are the Committee on Ways and 
Means, and the Committee on Appropriations. The cov¬ 
eted positions are either chairmanships, or membership 
on these sommittees. 

534. A Southern View of the Limitation of Ne¬ 
gro Suffrage. —Connecticut, Massachusetts, New Hamp¬ 
shire, and Wyoming require an educational qualification 
of voters. A similar limitation in Alabama, Louisiana, 
Mississippi, South Carolina, and Virginia eliminates a 
large illiterate negro vote. Of the negro'males of voting 
age in Alabama, 59.5 per cent are illiterate; in Louis¬ 
iana, 61.3 per cent; in Mississippi, 53.2.per cent; in South 
Carolina, 54.7 per cent; and in Virginia, 52.5 per cent. 
This is more than one-half the negro vote of these States. 
The laws of the Southern States above mentioned provide 
for an Australian ballot, payment of taxes, registration in 
advance of election, together with the educational or 
property qualification. Of the negroes who are not dis¬ 
qualified through the educational qualification, a great 
many become disqualified through failure to pay their 
taxes. Others will not think to register several months 
before the election, and will not pay their poll tax in Feb¬ 
ruary so that they may qualify themselves to vote in No¬ 
vember. Neither is it possible nor desirable to control 
such votes by paying the taxes for the voters. 

Certain clauses in the constitutions of these States have 
led to much discussion. Among them the “grandfather 
clause” of Alabama and Louisiana, the “ex-soldier clause” 
of Virginia, and the “understanding clause” of Mississippi 
are clauses of enfranchisement and not disfranchisement. 
They were intended to grant suffrage to many citizens 


324 


THE AMERICAN CITIZEN 


and law-abiding men who were unable to read and write. 
In Louisiana any male person who was a voter in any 
State of the Union on January 1, 1867, or the son or 
grandson of any such person, might register prior to Sep¬ 
tember 1, 1898, and thereby become a voter. Of course 
no negro could qualify under this clause. The “grand¬ 
father clause” of Alabama has practically the same opera¬ 
tion. And such was evidently the intention of the “ex¬ 
soldier clause” of the constitution of Virginia, although it 
applies to Federal veterans, as well as to Confederate. 
The “understanding clause” of Missisippi qualifies per¬ 
sons of good intelligence, who can understand any sec¬ 
tion of the State constitution and give a reasonable inter¬ 
pretation thereof, even though the applicant shall be un¬ 
able to read and write. It should be borne in mind that 
all these requirements apply equally to both white and 
black. The son of the richest planter and the son of the 
humblest negro must enter the voting-booth by precisely 
the same door, as open to one as to another. Perhaps 
the salvation of the South lies in the fact that the white 
man will qualify himself under this law and the negro will 
not. The negro cannot bear up in a losing fight. He has 
come to recognize that, “On whatsoever land the Anglo- 
Saxon plants his foot, of that land he is master or there 
he finds his grave.” The whole world knows that, and 
the lesson will never be unlearned. 

535. Strikes and Lockouts. —The Constitution of 
the United States is silent upon the subject of labor; all 
such problems must be solved by the State. In like man¬ 
ner, the earlier State constitutions contain nothing about 
labor, because there were then no great labor organiza¬ 
tions nor labor problems. But, in recent years, clauses 


CIVICS AND HISTORY CO-ORDINA TED 325 


pertaining to labor have been introduced into some of the 
constitutions. Wyoming declares: “The rights of labor 
shall have just protection through law calculated to se¬ 
cure to the laborer proper rewards for his service and to 
promote the industrial welfare of the State.” Idaho and 
California forbid the employment of Chinese laborers 
upon public works, State or municipal. North Dakota 
declares that every citizen shall be free to obtain employ¬ 
ment wherever possible, and forbids blacklists between 
corporations. The constitution of Louisiana forbids the 
passage of any law fixing the wages of manual labor. 
Several States have attempted to protect trades-unions 
by making it a misdemeanor to discharge an employe 
for belonging to a labor organization. However, stat¬ 
utes which interfere with the freedom of contract will not 
receive the support of public opinion. But the Supreme 
Court of the United States has decided that the law en¬ 
acted in Utah, where the statute forbids men from work¬ 
ing more than eight hours per day in the mines, is consti¬ 
tutional, although it practically denies freedom of con¬ 
tract ; the ground of the decision being the fact that 
working in mines is a matter that properly comes under 
the police power of the State. 

In the warfare between capital and labor, the chief 
weapons of the employer are the blacklist and the lockout; 
while those of the employes are the strike and the boy¬ 
cott. Society feels severely the results of industrial war. 
All parts of the country and classes of society suffer 
keenly whenever a strike is declared. Many of the States 
have established boards of arbitration, before which the dis¬ 
putes of employers and employes may be settled. Boards 
of arbitration, however, must depend upon the power of 


326 


THE AMERICAN CITIZEN 


public opinion to give their decisions weight, for in no 
State is there compulsory arbitration. Men must be pro¬ 
tected in their right to remain out of a union when they 
choose to assert that right. There can be no freedom if 
any organization outside of the government itself can en¬ 
force its rules upon an individual. Government, and gov¬ 
ernment only, can coerce an American citizen. 

536. The Chicago Strike. —The employes of the 
Pullman Car Company of Chicago began, May 11, 1894, 
a strike which presently became a very formidable affair. 
With their sympathizers they mustered in dangerous 
numbers, and began efforts to prevent the use of Pullman 
cars by any of the railroads running out of Chicago. 
Their violence seemed about to stop all traffic on the 
roads, but President Cleveland intervened and gave the 
country a touch of his quality as an executive officer. 
Neither Governor Altgeld nor the Federal courts had 
acted nor asked for assistance in their various functions. 
But the President took the initiative deliberately and as¬ 
sumed all responsibility, on the ground that the strikers 
were preventing the mail service and the course of inter¬ 
state commerce. The carrying of the mails and the pro¬ 
tection of the commerce between the States were in¬ 
disputable duties of the Federal government. United 
States troops were ordered to the points of disturbance, 
and a proclamation was issued which practically declared 
the disturbed regions in a state of insurrection, and 
threatened severe action against all rioters as against 
public enemies. Order was restored, and the law pre¬ 
vailed. 

537. Trusts. —A trust is a combination of all the pro¬ 
cesses of a great industry, or all the producers of a certain 


CIVICS AND HISTORY CO-ORDINA TED 327 


article, in order to control the production and price of that 
article. The trust is usually a corporation chartered by 
one of the States. Such combinations are of compara¬ 
tively modern growth, being the result of industrial con¬ 
ditions which have arisen within the half-century. Vari¬ 
ous causes have led to their rise, such as the desire to 
decrease cost of production, the utilization of waste pro¬ 
ducts in by-products, utilization of patents, economy in 
purchase of raw material, and the personal influence of 
promoters and financiers. From the stand-point of capi¬ 
tal alone, the trust is almost an unmixed benefit; but if 
the power thus gained be not handled with care for public 
interests, the trust becomes a great evil. Congress does 
not interfere with a corporation so long as it carries on 
its business only in its own State; but if a trust wishes 
to monopolize the business in the whole country, and 
sends its products into other States and to foreign coun¬ 
tries, the power of Congress to legislate in the matter 
becomes of great importance. Congress has forbidden 
corporations whose products are a part of the interstate 
or foreign commerce to make any agreements suppressing 
competition and regulating the markets, but the growth 
of great corporations has largely defeated this limitation. 
The tendency within recent years has been to combat the 
evils of the trusts by investigation, and publication of 
contracts made and business transacted by them. One 
of the greatest perils connected with the development of 
trusts is the growth of monopoly. One great trust con¬ 
trols the iron mines, the steel manufacturing plants, and 
is allied with the strongest railroad systems. These enor¬ 
mous corporations are able to control absolutely the pro¬ 
duction of certain commodities, and thus remove them 


328 


THE AMERICAN CITIZEN 


from the healthy influence of competition. As a result, 
they are able to charge excessive prices for the goods 
produced. In this way a matter of private concern has 
become one of great public interest, which the State and 
Federal authorities must regulate. 

538. Pensions. —The Federal government has no 
charitable functions. The homes for its worn-out sailors 
and soldiers are maintained as just payment of a debt to 
those who have served in its wars. The same is true of 
the sums expended in the form of pensions. By an act 
approved February 6, 1907, a pension is provided for all 
veterans of the Mexican and Civil War who have reached 
the age of sixty-two years, irrespective of physical dis¬ 
ability. On June 30, 1907, there were 967,371 pensioners 
on the rolls. To that date the total disbursements for 
pensions for all wars and for the regular establishment 
amounted to $3,598,015,724. There are still three daugh¬ 
ters of Revolutionary soldiers on the pension rolls. The 
last survivor of the Revolutionary War was Daniel F. 
Bakeman, who died April 5, 1869, aged 109 years. The 
last surviving widow of a Revolutionary soldier was 
Esther S. Damon, who died November 11, 1906, aged 92 
years. The last survivor of the War of 1812 who was on 
the pension rolls was Hiram Cronk, who died May 13, 
1905, aged 105 years. There are still over 500 widows 
who are pensioners of the War of 1812. 

539. Electoral Count Act. —The excited and peril¬ 
ous contest over the disputed election of 1876 induced 
Congress to pass (1887) an act which empowers each 
State, in case of controversy, to decide how its own vote 
stands; in case it fails to decide, the question then comes 
before Congress. The President of the Senate opens the 


CIVICS AND HISTORY CO-ORDINA TED 329 


Electoral certificates in the presence of both houses; he 
then hands them to the tellers, two from each house, who 
read them aloud and record the votes. If there is a dis¬ 
pute, the returns certified by the officially constituted 
State tribunal are accepted. In case of rival tribunals, 
the vote of the State is not counted unless both Senate 
and House of Representatives separately agree to accept 
one of them as official. 

540. Counting a Quorum. —Previous to 1890, a fa¬ 
vorite way of filibustering in the House was for the mi¬ 
nority party to call for the yeas and nays on some motion, 
and then themselves refuse to vote. The majority party, 
thus left to vote alone, frequently through the absence of 
some of its members, could not show the majority neces¬ 
sary to constitute a quorum; and the house would be 
forced to adjourn from day to day. But Thomas B. Reed, 
Speaker of the House of Representatives in that year, de¬ 
cided that if a Representative was in the House, he was 
present and helped to form a quorum whether he an¬ 
swered to the roll call or not. If less than a majority an¬ 
swered to their names, he counted all who were in the 
House; and if his count showed a quorum, the bill was 
declared passed. Although bitterly opposed in this rul¬ 
ing, his action was sustained by the Supreme Court, and 
the practice has ever since been followed. 

541. Free Coinage. —Legal permission given all 
owners of bullion to bring it to the United States mints 
and have it coined into dollars on payment of a certain 
sum for the cost of operation is called free coinage. The 
free coinage of gold is already allowed, if not practiced. 
Gold in bars or bricks is, for all practical purposes, as 
good as coin; and, in foreign trade, is more convenient 


330 


THE AMERICAN CITIZEN 


to handle. But the free coinage of silver is not allowed; 
for the silver bullion is of less value, according to weight, 
than the silver dollar. That is, a silver dollar does not 
contain a dollar’s worth of silver, as the gold dollar does 
of gold. The free coinage of silver would mean that all 
owners of silver bullion could bring it to the mints, and 
have it coined into standard dollars at the old ratio of 
weight and value, sixteen to one. 

542. Greenbacks. —This is the name given to legal 
tender notes of the United States first issued in 1862. 
They are so named because the devices on the backs were 
printed in green ink to prevent alterations and counter¬ 
feits. Like gold and silver dollars, they are legal tender 
for all private debts. At one time the total amount of 
greenbacks outstanding was $600,000,000. After the re¬ 
sumption of specie payments in 1878, a large number of 
the greenbacks were redeemed and permanently retired. 
When the amount had been reduced to $346,000,000, Con¬ 
gress passed an act requiring that thereafter any of the 
notes redeemed should be re-issued. Greenbacks are re¬ 
ceivable for all debts and public dues, and are redeemed 
in coin at the Treasury on demand. The Greenback 
party was a political organization which in 1876 demand¬ 
ed an increase in the amount of paper currency issued 
by the government. This party developed considerable 
strength in the Western States. Eventually (1884) this 
party strongly advocated the issue of “fiat money,”—that 
is, paper money issued by decree or “fiat” of the National 
government. General Benjamin F. Butler, nominated for 
the Presidency on its platform, said: “I desire that the 
dollar so issued shall never be redeemed.” He added that 
there is no more reason for the redemption of a paper dol- 


CIVICS AND HISTORY CO-ORDINATED 331 


lar than for the redemption of a yardstick or of a quart 
measure. 

543. Gresham’s Maxim. — Sir Thomas Gresham 
states the law that every inferior currency tends to expel 
the superior currency from a country. Issues of paper 
and depreciated silver cannot enlarge the money-volume 
because they not only displace gold, but also cause 
an increase in the price of everything that money buys. 
There is, under such circumstances, no real increase of 
the money-volume of the country, but only an apparent 
one. There are more dollars than before, but they are 
cheaper, since the individual dollar buys much less than 
before the inflation. Under such conditions the creditor 
loses, and so does the workingman unless his wages rise 
in the same ratio as do the prices. The safeguard against 
inflation is a currency based upon gold, or certificates rep¬ 
resenting deposits of gold. The ideal currency would be 
one containing nothing else. In all sound-money coun¬ 
tries, the banknote is in course of becoming a simple gold 
certificate redeemable on demand. 

544. Committee of Ways and Means. —This is the 
name given to the tax-proposing, revenue-raising committee 
of the House of Representatives. It is a very important 
committee, and its chairman is always a leading member 
of the majority party in the House. The business of rais¬ 
ing money belongs to this committee, and it prepares and 
reports to the House all measures for that purpose. The 
Committee on Ways and Means does not, however, neces¬ 
sarily seek to adapt taxation to expenditures. The pri¬ 
mary object of customs-duties has for many years past 
been not the raising of money for revenue, but the protec¬ 
tion of American industries; the high tariff has brought 


332 


THE AMERICAN CITIZEN 


in an income far exceeding the needs of the government. 
The committee charged in general with the business of 
spending money is the Committee on Appropriations, but 
the direction of many fields of expenditure is given to 
various other committees. 

545. Orphans’ Court—the Probate Court. —This 
court examines the wills of deceased persons and decides 
whether they are made as wills by law should be made. 
In case a person dies without having made a will, and 
leaves no one to take charge of his estate, the court ap¬ 
points an administrator to take charge of it. The business 
of the probate court is to see that the property of the dead 
falls into the rightful hands. When a child becomes an 
orphan, the probate court — called in Pennsylvania the 
orphans’ court — will appoint a guardian to manage the 
estate until the child comes of age. 

546. “All Men are Created Equal.” — So wrote 
Thomas Jefferson, and so agreed with him the men who 
represented the protesting colonies. Such appeal to the 
sense of equal rights before God and the law is the most 
powerful that can in any way be addressed to the masses 
of any people. It is, indeed, the very essence of our 
American democracy that one man should have as large 
an opportunity as any other man to make the most of 
himself, and to come forward and achieve high standing 
in any calling to which he is inclined. To do this the bars 
of privilege have been throwm down, the suffrage is open 
to almost every man, any public office has been opened to 
any one who can persuade his fellow voters or their rep¬ 
resentatives to select him. 

But equal opportunity to take part in making and en¬ 
forcing the laws is not in itself enough to insure the sue- 


CIVICS AND HISTORY CO-ORDINATED 333 


cessful operation of democracy. It is equally important 
that all should be capable of such participation. If under 
any circumstances a class or race is unable, through any 
defects, to assert themselves beside other classes or races, 
and to command that share in conducting government 
to which the laws entitle it, we recognize at once that 
democracy has broken down, and that, under the forms of 
democracy, there has developed a class oligarchy or a race 
oligarchy. The two things essential for the preservation 
of the ideal grovernment which the American people 
would reach are: equal opportunities before the law; 
and then, equal ability of classes and races to use these 
opportunities. Absence of the first gives legal oligarchy; 
absence of the second gives actual oligarchy disguised as 
democracy. 

In America, has arisen “a new nation, conceived in lib¬ 
erty, and dedicated to the proposition that all men are 
created free and equal.” The attempt has been made to 
unite all races in one commonwealth and one elective gov¬ 
ernment. A single language became dominant from the 
times of the earliest permanent settlements, and all subse¬ 
quent races and languages must adopt the established 
medium of communication. Mental community, or union 
in thought and action, is what unites mankind. If we can 
in any way be brought to think together, we can easily be 
induced to act together; and the medium of common 
thought and action is a common language. Through this 
noble instrument of the human mind all the powers of 
assimilation are focussed upon the new generations. The 
public schools, the newspapers, the books, the political 
parties, and all the general agencies of universal educa¬ 
tion, the railroads with their inducements to our unparal- 


334 


THE AMERICAN CITIZEN 


lelled mobility of population, are all dependent upon our 
common language for their high efficiency. This direc¬ 
tion of our energies toward mental assimilation rather 
than to the slower and more doubtful blood amalgamation 
forms the safeguard of the fate of our institutions. The 
instrument of a common language is at hand for conscious 
improvement through education and social environment. 

547. Coolies Still Evade the Laws. —Chinese im¬ 
migration has long been a subject presenting many diffi¬ 
culties to the government and to Congress. In the early 
days, when there were no restrictions, tens of thousands 
of Celestials poured into the country, mostly remaining 
on the Pacific coast, although gradually going into almost 
all other sections, until the situation in California became 
practically intolerable and there was a cry for legislation 
which could not remain unheeded. 

In 1881 a treaty was concluded with China,—the gov¬ 
ernment of which has always asserted a desire to keep her 
coolie class at home,—which restricted but did not wholly 
prohibit the immigration of laborers, and admitted teach¬ 
ers, students, merchants, and travelers. This was not sat¬ 
isfactory, and in 1884 the coming of Chinese laborers was 
absolutely suspended for ten years, the law being extend¬ 
ed indefinitely in 1902. 

In order to prevent the evasions, the law of 1893 defined 
Chinese laborers to be all skilled and unskilled manual 
laborers, miners, fishers, hucksters, peddlers, and laundry- 
men. A merchant was defined as a person engaged in 
buying and selling merchandise at a fixed place of busi¬ 
ness, and who does not engage in any kind of manual 
labor. All laborers who had been here prior to the pas¬ 
sage of the law were compelled to take out certificates of 


CIVICS AND HISTORY CO-ORDINA TED 335 


identification, giving all physical peculiarities, and with 
a photograph of the applicant affixed. If any of these 
laborers desired to return to China and then come back to 
the United States, permission could be obtained only on 
the ground, which had to be established by sworn testi¬ 
mony, that he had a wife, minor child, or parent here, or 
property to the value of $1,000, or debts to the amount of 
$1,000 due him and pending settlement. 

Under these rigid regulations Chinese immigration has 
been restricted, so far as legal entries are concerned, to 
practically a minimum. For the year 1907 the total en¬ 
tries were 3,255, and there were deported, as coming un¬ 
der the excluded classes, the small number of 259. Of 
the entries nearly - 1,000 were United States citizens, that 
is, Chinese born in this country; 765 were returning la¬ 
borers, 733 returning merchants, the latter with their 
wives and families composing about one-half of the total 
immigration. There were 122 students, 10 travelers, and 6 
teachers. There is no doubt that very many of those en¬ 
tering as “American citizens” were not entitled to admis¬ 
sion. 

Very many Chinese, knowing that they have not the 
necessary credentials to admit them at a port of entry, go 
to Canada or Mexico and get across the border. There 
are, on both the Canadian and Mexican borders, white 
men who engage in the business of smuggling Chinamen 
into the United States and in securing the testimony nec¬ 
essary to secure their admission if arrested. About $200 
is the fee usually charged for this service. 

While the perpetration of frauds along the Canadian 
border has largely decreased within recent years because 
of the head tax of $500 imposed by the Dominion on all 


336 


THE AMERICAN CITIZEN 


Chinese immigrants, many are being smuggled across 
from Mexico. Statistics show that more than 45,000 
Chinamen have come to Mexico, 5,000 during 1906, and 
yet there are not now over 15,000 Chinese in that republic. 
The only, and the legitimate, conclusion is that they have 
found their way across the boundary into the United 
States. It may be said in this connection that the same 
is true of the Japanese. About 8,000 Japanese entered 
Mexico in 1905 and 1906, and yet there are only about 
2,000 there now. An inspector in the Bureau of Immigra¬ 
tion, after thorough investigation, reports that fully 15,- 
000 aliens from Europe and Asia enter the United States 
annually from Mexico. Mention has been made of the 
certificates of identification which certain laborers resi¬ 
dent in the United States must obtain from the Bureau of 
Immigration. Many of the possessors go to China with¬ 
out intention of returning to America. There they sell 
their certificates, receiving from $200 to $500 for them 
from intending immigrants, or those interested in getting 
them into this country. The photograph is carefully 
steamed ofif, the official seal marks ironed out, and an¬ 
other photograph substituted. There is such a general 
resemblance between Chinamen that only adepts can de¬ 
tect the difference in photographs; and this becomes 
very difficult when a number of years have elapsed since 
the pictures were taken. Strong magnifying glasses are 
an indispensable adjunct to every inspector’s office, so 
that these alterations and falsifications of the certificates 
may be detected. Chinese immigration, prohibited as it 
is, presents many curious difficulties. 

548. The Life-Saving Service. —Congress, stimu¬ 
lated thereto by the urgent recommendations of President 


CIVICS AND HISTOR Y CO- ORDINA TED 337 


Roosevelt, has recently increased the compensation of the 
persons employed in the United States Life-Saving Ser¬ 
vice. There are 278 life-saving stations scattered along 
the thousands of miles of coast line on the Atlantic, Pa¬ 
cific, Gulf of Mexico, and the great lakes. During the 
last year 347 vessels were involved in disaster within the 
field of the life-saving service’s operations, of which 55 
were totally lost. There were on board of these vessels 
3,936 persons, of whom only 22 were lost. The value of 
the vessels was $6,478,000 and of their cargoes $1,824,000, 
of which $6,916,000 was saved. 

In addition to this, there were 611 vessels with their 
cargoes, valued at $5,661,000, saved under circumstances 
that would have involved serious total loss but for the 
assistance given by the life-saving crews, and assistance 
of more or less importance was given to 714 other vessels. 
The hardships and heroism of these men form a story too 
long to tell here, as do the injuries and disease incident to 
the service. They certainly deserved the generous action 
of Congress, resulting from the energetic suggestion of 
our youngest President. This man, who was performing 
the duties of his high office before he was forty-three, 
knows that the country can have no better method of 
marine insurance for life and property than that furnished 
by an energetic, young service which, since its institution 
in 1871, has had to deal with 17,317 disasters in which 
121,627 persons were involved and only 1,172 lost, the 
total value of the property at stake being $251,516,000, of 
which no less than $199,457,000 was saved. 

549. The Japanese Treaty. —The arbitration treaty 
between the United States and Japan which was signed 
on May 5, 1908, by Secretary Root and Baron Kogoro 


338 


THE AMERICAN CITIZEN 


Takahira, the Japanese ambassador to this country, is the 
product of no special conditions but has been drawn in 
simple obedience to an agreement entered into by the 
powers at The Hague Peace Conference. The purport of 
this was that whatever disputes among the nations are 
found suitable for arbitration should be adjusted in this 
way. Treaties to this end have already been negotiated 
by our government with several foreign powers, and the 
extension of the same civility to Japan occurs naturally 
and necessarily. No possible compromise of rights that 
need to be conserved is involved. Moreover, the treaty 
is but for a short period. Unless there is a renewal, it 
will be in force only five years. 

Of its ratification by the Senate there should be no 
doubt. The treaty ought to be ratified promptly and 
cheerfully, in order that Japan may have proof of the 
singleness of purpose of the Federal government, and of 
the sincerity of its desire to maintain friendly relations 
with the Island Empire. The relations of the two powers 
were somewhat disturbed by the steps taken to secure the 
exclusion of Japanese laborers from this country. This 
affair, however, was tided over, and it must be conceded 
that the part played by Japan in connection therewith in¬ 
dicated a thoroughly tolerant and amicable spirit. Let 
the same spirit be shown by our government in handling 
the new treaty, and the results will be most beneficial. 
The Senate cannot do better than to ratify the agreement 
at once, and without debate. 

550. “Fighting Bob.” —At the climax of the brilliant 
scenes attending the reception of the great fleet of battle¬ 
ships at San Francisco, May 9, 1908, Rear-Admiral Rob- 
ley D. Evans laid down his command after forty-five 


CIVICS AND HISTOR Y CO-ORDINA TED 339 


years of loyal service. Entering the navy during the 
Civil War, he had his baptism of fire under Admiral 
Farragut and early proved his courage, being severely 
wounded in the attack on Fort Fisher. In 1891 he was 
in command of the Yorktown in the harbor of Valparaiso, 
Chile, and by his courage and readiness he mastered a 
difficult situation and put an end to strained relations be¬ 
tween Chile and the United States. In the war with Spain 
he was a conspicuous figure, taking part, as commander 
of the Iowa, in the destruction of Cervera’s fleet and other¬ 
wise earning distinction. His promotion to the grade of 
Rear-Admiral in 1901 was a fit reward for his services to 
his country. 

Admiral Evans has always been a favorite with the 
people, who love him for his dash and daring and his 
thoroughgoing Americanism. His sobriquet of “Fight¬ 
ing Bob” is a better tribute to his worth than all that his 
biographers can say of him. He has upheld nobly the 
American standard of patriotism and manly prowess, and 
he takes with him into his retirement the admiration and 
the gratitude of the Nation. 

551. Memorial Day at Kingston, N. Y., 1908.— 

It will be profitable, for school teachers to recall for the 
benefit of their pupils the career of George Clinton, who 
was Vice-President under Jefferson and Madison. His 
body, exhumed from the Congressional cemetery at 
Washington, will be re-interred on Memorial day at 
Kingston, N. Y., the old capital. His Revolutionary ser¬ 
vice will serve to stir the patriotic young mind, and his 
casting vote against renewing the charter of the United 
States bank is the prelude of an exciting chapter in his¬ 
tory. Theodore Roosevelt, as Vice-President, decided a 


340 


THE AMERICAN CITIZEN 


tie vote and gave the country its present policy as to the 
Philippines and other insular possessions. A currently 
used history in the schools asserts that Genet, the minis¬ 
ter of the French directory, was ordered from the coun¬ 
try, and thereafter lost to view. It might do to tell the 
pupils that he married George Clinton’s daughter and 
lived honorably, and died in New York years, after his 
too great reliance upon American gratitude to France. 

552. Adoption of the Constitution.— The banner 
State in the matter of the adoption of the Federal Consti¬ 
tution was Delaware. A unanimous vote of the conven¬ 
tion held for the purpose gave the voice of this little State 
for the great instrument of government, December 6, 

1787. 

James Wilson, a member of the Federal Convention, 
explained the Constitution to the members of the State 
convention of Pennsylvania. Washington pronounced 
James Wilson as honest, candid, and able a member as 
the Federal Convention contained. His speeches in the 
State convention form a most interesting and able com¬ 
mentary upon the Constitution. Chief-justice McKean 
was also a prominent advocate of the adoption of the 
Federal Constitution, and declared it to be the best the 
world had yet seen. The chief opposition to the adoption 
of the new system came from the portion of the State 
west of the Susquehanna. The ratification was given De¬ 
cember 12, 1787, by a vote of 46 to 23. 

The convention of the State of New Jersey adopted the 
Constitution by a unanimous vote December 18, 1787. 
Georgia followed with a like unanimity of vote January 2, 

1788. 4 

Connecticut was the fifth in the order of adoption. The 


CIVICS AND HISTORY CO-ORDINATED 341 


most prominent advocate of the Federal Constitution in 
that State was Oliver Ellsworth. The Constitution was 
adopted by a large majority January 9, 1788. 

In Massachusetts, the opposition was strong in numbers 
and in talent, but the influence of John Hancock was used 
to conciliate the opposition. It was proposed that the 
Constitution should be unconditionally adopted, and that 
certain amendments should be earnestly recommended. 
On February 6, 1788, the adoption was carried by a ma¬ 
jority of nineteen. The wise plan adopted in this State 
saved the Constitution. 

Maryland adopted the Constitution April 26, 1788, after 
an unsuccessful attempt of the opposition at adjournment 
of the convention*. In South Carolina the influence of the 
Pinckneys and the Rutledges prevailed, and a convention 
was called which adopted the Constitution May 23, 1788. 
New Hampshire, after delays caused by adjournment and 
reassembling of the State convention, at last adopted the 
instrument of government June 21, 1788. 

The opposition in Virginia was very strong, and was led 
by Patrick Henry. He claimed that the new government 
was not a compact between sovereign States, but a Na¬ 
tional government. Speaking of the preamble he said: 
“Who authorized them to speak the language of ‘We the 
people; instead of ‘We the States’?” Madison, Marshall, 
Randolph, and others answered these objections effect¬ 
ively. After long continued debates, the Constitution was 
adopted by the convention, June 25, 1788. 

In New York, two-thirds of the members of the conven¬ 
tion were opposed to the Constitution. At last through 
the efforts of Hamilton, Livingston, and Jay, the Consti¬ 
tution was adopted July 26, 1788, by a vote of 30 to 27. 


342 


THE AMERICAN CITIZEN 


The Constitution was thus ratified by eleven States. 
When the ratifications of nine States had been received 
by the Congress of the Confederation, an Act putting the 
Constitution into effect was reported and passed. Elec¬ 
tions for the new government were directed to be held in 
January, 1789, the Presidential Electors were to meet on 
the first Wednesday in February, and the first Wednes¬ 
day in March, 1789, was designated as the time for com¬ 
mencing proceedings under the Constitution. 

The Constitution was rejected at first by Rhode Island 
and North Carolina. The latter State finally ratified the 
Constitution November 21, 1789. Rhode Island remained 
out of the Union until May 29, 1790. 

The history of the Constitution shows that it was de¬ 
signed to form a National government, and that it was or¬ 
dained and established by the People of the United States. 
Hence, in the words of Washington’s “Farewell Ad¬ 
dress:” “ Until changed by an explicit and authentic act of 
the whole, it is sacredly obligatory upon all.” 

As mentioned above, the first Wednesday in March 
was set as the time for commencing operations under the 
Constitution. This day happened in 1789 to fall on the 
fourth of the month, and hence was it that three years 
later Congress decreed that each Presidential term shall 
begin on the fourth of March next following the day on 
which the votes of the Electors are counted. In accord¬ 
ance with this law our Presidents have ever since, with 
eight exceptions, been sworn into office at noon on the 
fourth day of March. Five times the Vice-President has 
succeeded to the office on the death of the President. 
Three times has the day named by Congress fallen on 
Sunday, and the oath of office has been taken on the fifth 


CIVICS AND HISTORY CO-ORDINA ThD 343 


of March. The first of these occasions was in 1821; the 
second in 1849; and the third in 1877. 

The formal inauguration of the President on the fourth 
day of March is the outward and visible sign that the 
people have decided to whom they will intrust the gov¬ 
ernment for the four years following the inauguration. It 
is the fitting ceremony which marks the arrival of the in¬ 
coming President at the threshold of his term of office. 
Like most forms and ceremonies of the larger sort, this 
one is symbolic and has its deeper meaning. It is not 
merely the induction of a man into office, but is the formal 
act by which a President and his party are clothed with 
all the power conferred by the Constitution upon the Na¬ 
tional government. They bring with them their policies 
and principles, and the moment of their advent is always 
a fit one in which to consider just what the inauguration 
ceremony signifies in its larger aspect. 

553. Should Cabinet Officers have Seats in Con¬ 
gress? —A single clause in the Constitution of the Uni¬ 
ted States implies, but does not actually designate, the 
Cabinet. The President (M x ) is empowered to “require 
the opinion in writing of the principal officer of each of 
the executive departments upon any of the subjects re¬ 
lating to the duties of their respective offices.” In many 
respects the Cabinet is simply a board of heads of depart¬ 
ments. The powers of cabinet officers in the United 
States are extremely restricted. The Cabinet owes its 
existence to the fact that it is physically impossible for 
the President to attend to all the details of the Executive 
department. The cabinet officers act for him, and are re¬ 
sponsible to him alone. They may give him advice, and 


344 


THE AMERICAN CITIZEN 


therefore the President should see that his advisers are 
men whose opinions are worth having. He, however, is 
not bound to follow their advice, nor need he ask it on all 
occasions. 

It has been said by many that the cabinet officers 
should be much more than mere registrars of the Execu¬ 
tive, and that the efficiency of the government would be 
much increased were the members of the Cabinet given 
seats in Congress. In the opinion of such commentators, 
the power of cabinet officers is too restricted. The unity 
of government can best be secured by allowing members 
of the Cabinet to introduce bills, take part in debates—if 
not to vote, and they should be allowed, as in England, to 
make an appeal to the people in questions of great impor¬ 
tance. In the constitution adopted by the Confederate 
States during the Civil War, Congress was authorized to 
grant seats upon its floor and the right to debate upon all 
public measures to the heads of the several executive de¬ 
partments, in order that the Legislative body and the Ex¬ 
ecutive might act in closer harmony and easier coopera¬ 
tion than had been possible in the Federal Union. 

“Congress may, by law, grant to the principal officer 
in each of the executive departments a seat upon the floor 
of either house, with the privilege of discussing any 
measures appertaining to his department.” See Consti¬ 
tution of the Confederate States. 

But there was to be no time of peace in which a test 
of this new provision could be made. The Confederate 
Executive stood supreme at the front of action while 
a war for the very existence of the Confederacy lasted. 
Any nice balance of constitutional adjustment was out of 


CIVICS AND HISTOR Y CO- ORDINA TED 345 


the question. Constitutional safeguards gave way to the 
mere problem of making the existence of the government 
good upon the battle-field. The day may come when it 
may be recognized that these men, who had perceived 
this inconvenience of the Federal system, were correct in 
their criticism, and the attempt will again be made to 
make the government more efficient by giving seats in 
Congress to the members of the Cabinet. 

554. Silver: Demonetization: Gold Standard.— 
In 1873, Congress discontinued the free coinage of silver 
and established as the unit of value the gold dollar of the 
weight of 23.22 grains pure gold with one-tenth of alloy 
to prevent abrasion. 

The demonetization of silver was unpopular, and in 
1878 Congress passed the “Bland-Allison Act,” which re¬ 
quired the government to buy not less than two million 
dollars’ worth, and not more than four million dollars’ 
worth of silver bullion each month, and coin it into silver 
dollars, these to be full legal tender. Under this act much 
silver was bought, and during the twelve years in which 
the law was in force $378,166,793 in silver was coined. 
Of this sum $57,000,000 entered circulation as metallic 
silver dollars, but the remainder was held in the vaults 
of the Treasury and representative money in the form of 
silver certificates was issued in its place. 

The “Bland-Allison Act” was repealed in 1890, and the 
“Sherman Act” was passed. This law required the Secre¬ 
tary of the Treasury to purchase 4,500,000 ounces of silver 
each month at market value, and to pay for the same with 
Treasury notes. Under this law $156,000,000 of Treasury 
notes were issued, 36,000,000 silver dollars coined, and 
168,000,000 ounces of silver purchased. The Treasury 


34 « 


THE AMERICAN CITIZEN 


notes were legal tender and could be presented by the 
holder to the Secretary of the Treasury for redemption 
either in silver or gold at the discretion of that officer. 
In 1893 the purchasing clause of the “Sherman Act” was 
repealed, and the issue of Treasury notes ceased. In 1900 
gold was made the standard unit of value. It is the de¬ 
clared policy of the government to keep its silver dollars 
and silver certificates on a parity with gold. They are 
legal tender, and if presented for exchange would be re¬ 
deemed dollar for dollar in gold. The coinage of gold is 
free, but gold bullion is the more convenient form for 
transportation in the course of the balance of trade. 

The demonetization of silver has been the cause of 
much political controversy. Gold monometallism pre¬ 
vails to-day. The advocates of bimetallism believe that 
the United States should permit free and unlimited coin¬ 
age of both gold and silver at a ratio fixed by law. 

555. Shaw Memorial by St. Gaudens: Civic 
Courage. —“You have immortalized my native city; you 
have immortalized my dear son; you have immortalized 
yourself.” Such were the words of the mother of Col. 
Robert Gould Shaw to the great sculptor, when on Mem¬ 
orial Day in Boston, a masterpiece of modern art was un¬ 
veiled. 

It is not often that those whom the world esteems the 
most successful or the greatest leave the most valuable 
examples and lessons to posterity. It is rather the man 
whose life or death touches some deep chord of universal 
sympathy,—appeals to the imagination or the sentiment 
of all mankind. When far greater soldiers are forgotten, 
the memory of this gallant youth will still be cherished. 
He fell “with his hurts before” leading a hopeless charge, 


CIVICS AND HISTORY CO-ORDINATED 347 


blazing the path of freedom for a race in bondage. This 
is the kind of courage to which monuments should be 
erected. Civic courage led him bravely to give up his com¬ 
mission, as he marched with the glorious Seventh regi¬ 
ment, and assume the leadership and head the dubious 
fortunes of the negroes of the Fifty-fourth. His was not 
the common and gregarious courage which men might 
show as they stormed a battery side by side with others. 
Civic courage in Col. Shaw led him to resist prejudice 
and enthroned abuse of a race. 

“A paean not a knell. 

For heroes dying so! 

Not weighing gain with loss— 

World-losers, that win all 
Obeying Duty’s call!” 

556. Referendum. — The method of enacting laws 
by a direct popular vote is called the Referendum. Within 
late years there has arisen a distrust of legislators, and a 
desire to secure for certain classes of laws a permanency 
that is not inherent in ordinary laws, which stand in con¬ 
stant danger of alteration or repeal. Throughout the 
Union, it is the practice to submit constitutional pro¬ 
visions to the popular vote. In some States the Swiss 
Referendum has been reproduced in some degree, and a 
tendency is everywhere shown to make all very impor¬ 
tant legislation dependent upon the direct popular vote. 
Also, the referendum is practically employed whenever 
amendments to State constitutions are submitted to pop¬ 
ular vote, and whenever the people are permitted to de¬ 
cide the question of local option in the sale of liquor. It 
is not always possible to consult the whole people direct¬ 
ly in the formation of law, but when such a measure is 


348 


THE AMERICAN CITIZEN 


possible, the authority of the law is very much augment¬ 
ed. Such popular origin contributes greatly to increase 
its power. There is amazing strength in the expression 
of the determination of a whole people. On the other 
hand, it may be urged that the people seldom have suf¬ 
ficiently accurate knowledge to act intelligently upon leg¬ 
islative proposals. Almost all the matters of Federal 
legislation,—tariff, banking, regulation of commerce, ap¬ 
propriations,—are too complicated to be acted upon di¬ 
rectly by the people at large.- Though this may not be 
true to so great an extent of those matters which or¬ 
dinarily come before our State legislatures, yet, if the ref¬ 
erendum were largely used, it is certain that the legisla¬ 
tors would become less careful of the character of their 
acts and the people would place less importance upon the 
quality of their representatives sent to the legislatures. 

The proposing of measures by the popular voice is 
called the Initiative . In Switzerland, the right to petition 
has become the right of initiative in legislation. 

557. Injunctions: Equity. —Courts of equity are 
designed to protect certain rights of person and property 
which the common law could not and did not protect. 
The law could punish a man for wrong-doing, and could 
require him to pay damages to those whom he had in¬ 
jured. But it could not anticipate a threatened injury and 
prohibit him from doing it. Sometimes the injury was one 
which could not be repaired, and often the wrong-doer 
had no means with which to pay for the damage he had 
done, the law frequently left the injured party without re¬ 
dress. Thence arose the injunction , which is a restraining 
order issued by a court forbidding a man to do an act 


CIVICS AND HISTORY CO-ORDINATED 349 


which will inflict injury upon his neighbor. The order 
can be enforced by fine and imprisonment. 

Certain great principles of equity are: (1) He who 
seeks equity must do equity; (2) Equity suffers no wrong 
without a remedy; (3) Equity regards the substance and 
intent, not the form; and (4) Equality is equity. 

Popular demand has transformed occasional interferen¬ 
ces with the law into a form and method of law; and the 
same courts have come to administer both law and equity, 
to be open to the suitor alike to recover damages for a 
wrong committed, and to prevent the consummation of a 
wrong threatened. An ounce of prevention is worth a 
pound of cure, and the injunction is one form of the power 
which the community exercises to prevent the perpetra¬ 
tion of injustice. Undoubtedly the courts ought to pos¬ 
sess this power of prohibiting perpetration of an injurious 
and illegal act, but it is possible that the power which 
they possess is too absolute and unlimited. There are 
about one hundred Federal judges and many hundreds of 
State judges. Any of these judges, with a few possible ex¬ 
ceptions under special State laws, may issue an order for¬ 
bidding any persons from doing any act which the judge 
may think illegal and injurious. Pie may issue this order 
without giving the opposite party a hearing. He may 
bring before him the man suspected of disregarding the 
prohibition, try him, convict him, and sentence him to 
.fine or imprisonment, or both. Whatever the defense of 
the man may be, the judge who issued the order, and who 
is presumably prejudiced in favor of its legality and jus¬ 
tice, hears and tries the man who is accused of violating 
it, and determines on his guilt or innocence, and decides 
on the penalty he must pay. There should be a limit 


350 


THE AMERICAN CITIZEN 


placed upon the power of the courts to grant restraining 
orders. The power to prohibit and prevent wrong-doing 
should not be denied to the courts, but rather increased; 
but, on the other hand, the power ought not to be exer¬ 
cised without previous notice and hearing, save in very 
exceptional cases. Unlimited power to grant injunctions 
should not be given to all judges; and he who is accused 
of disobeying such an order should be protected in his 
right to a fair trial before an unprejudiced tribunal. The 
English practice requires a hearing of the restrained par¬ 
ty’s side of the case before granting the restraining order. 
This was formerly the American practice, and is said to 
be still required by an almost forgotten rule of the Su¬ 
preme Court of the United States. 

558. Shall the People vote directly for the Presi¬ 
dent? — The Electoral College has never been an inde¬ 
pendent body free to select a President and Vice-Presi¬ 
dent ; for, though in theory the Electors have been vested 
with such powers, in practice they have no such practical 
power over elections, and have had none since their insti¬ 
tution. In every case the Elector has been an instrument 
bound to obey a particular command of his party, dis¬ 
obedience to which would be attended with infamy, and 
with every penalty which public indignation could inflict. 
From the beginning, Presidential Electors have stood 
pledged to vote for the candidate indicated by the public 
will. 

In 1825, an attempt was made to procure an amendment 
to the Constitution, so as to do away with all intermediate 
agencies and give the election to the direct vote of the 
people. In the Senate, an amendment was put forward 
providing for election by districts equal in number to the 


CIVICS AND HISTORY CO-ORDINA TED 351 


whole number of Senators and Representatives to which 
each State was entitled in Congress. The amendment did 
not receive the necessary support of two-thirds of both 
the Senate and the House of Representatives. 

Since that time several attempts have been made to 
secure the election of President by direct vote, but with¬ 
out success. A failure of the popular vote to work its will 
usually leads to a revival of the discussion. Grover Cleve¬ 
land, in 1884,'was elected with a popular pluralitv of 62,- 
683, and an Electoral vote of 219 against 182 for James G. 
Blaine. But in 1888, although he had a plurality of 98,017 
over Benjamin Harrison, Cleveland was defeated, since 
his Electoral vote was only 168 against 233 for Harrison. 
In 1892, Grover Cleveland was chosen with a plurality of 
380,810, and an Electoral vote of 277 against 145 for Plar- 
rison and 22 for James B. Weaver. The size nor fact of 
the plurality does not influence the result, for Samuel J. 
Tilden, with a plurality of 250,935, was declared defeated, 
the final count standing 184 Electoral votes to 185 votes 
for Rutherford B. Hayes. This last decision was reached 
by the Electoral Commission appointed to deal with the 
matter; but, in so far as the popular voice is concerned, 
the plurality for Tilden was exceeded by that of but three 
Presidents previous to 1876, — Buchanan, Lincoln, and 
Grant. 

559. Nullification and Secession. —Nullification is 
the refusal of a State to permit an act of Congress to be 
carried out within the limits of that State. The so-called 
right is based upon the theory that the Constitution is a 
simple compact between the States. The assumption is 
made that each State has the right to determine for itself 
when an enactment of the general government is to be 


352 


THE AMERICAN CITIZEN 


declared null and void. The right of secession is a kin¬ 
dred claim. The proclamation by President Jackson de¬ 
stroyed nullification, and secession died amid the terrors 
of civil war. The Constitution in all its aspects looks to 
an indestructible Union of indestructible States. Appo¬ 
mattox was a blessing to both North and South. It was 
there decided that there were not to be two republics, nor 
a dozen, between the Great Lakes and the Rio Grande. 
For this result, as well as for the extinction of slavery, all 
Americans, north as well as south of the Mason and Dix¬ 
on line, may now give thanks. 

560. Salaries of Federal Officers. —The salaries of 
the principal officers of the Federal government are: 


President.$50,000 

Vice-President. 12,000 

Cabinet . 12,000 

Chief Justice of the Supreme Court. 13,000 

Associate Justices of Supreme Court. 12,500 

Judges of Circuit Courts.. 7,000 

Judges of District Courts. 6,000 

Speaker of the House. 12,000 

Representatives. 7,500 

Senators. 7,500 

Foreign Ministers and Ambassadors... .$10,000 to 17,500 

Heads of Bureaus and Divisions.$3,000 to 6,000 

Lieutenant-General. 11,000 

Major-Generals . 7,500 

Brigadier-Generals. 5,500 

Colonels. 3,500 

Admiral. 13,500 

Rear-Admirals.$5,500 to 7,500 

Captains in Navy. 3,500 





















— 1 






BATTLESHIP KENTUCKY 


















CIVICS AND HISTOR Y CO- ORDINA TED 353 


B61. Impeachment of President Johnson. —The 

Committee on Reconstruction submitted a report in the 
House of Representatives February 24, 1868, recommend¬ 
ing the impeachment of Andrew Johnson, and it was 
adopted by a vote of 128 to 47. The Senate was notified, 
and articles of impeachment were prepared. The trial 
was begun in the Senate on March 5, 1868, and eleven ar¬ 
ticles of impeachment were presented to the Senate sit¬ 
ting as a High Court of Impeachment. Chief Justice 
Salmon P. Chase presided at the trial. The oath was 
administered to him by Associate Justice Nelson, and the 
Chief Justice then administered it to the Senators. On 
May 16 the first vote was taken upon the eleventh article, 
with the result of thirty-five for “guilty” and nineteen for 
“not guilty.” On May 26 a vote was taken on the second 
and third articles, with the same result as before. A mo¬ 
tion that the court adjourn sine die was then carried. 
Judgment of acquittal was then entered by the Chief Jus¬ 
tice on the three articles voted upon. Five Republican 
Senators had declined to vote with their party, and but 
one vote was wanting of the two-thirds majority required 
for conviction. 

562. Powers of the President. —The President in¬ 
dividually exercises greater influence than any other man 
in the country, and this unofficially as well as officially. 
President Roosevelt, unofficially, has been able to adjust 
formidable conflicts between capital and labor; to pro¬ 
cure the adoption of a treaty of peace between Russia and 
Japan, and thus end terrific warfare; to mold in a marked 
degree the morals and manners of the people, and other¬ 
wise to direct in many ways the destinies of nations. 

Officially the President is strong in the possession of the 


354 


THE AMERICAN CITIZEN 


veto power, to overcome Avhich a two-thirds vote of both 
houses is necessary. Moreover he is capable of settling 
many great questions without Senatorial advice or assist¬ 
ance, wielding a sort of independent executive authority 
which may be used either for constructive or destructive 
purposes. In the establishment and enforcement of the 
Monroe Doctrine; in such cases as that wherein Presi¬ 
dent Polk brought about a state of war with Mexico be¬ 
fore the Legislative branch of the government was con¬ 
sulted; in Jefferson’s purchase of Louisiana; in Cleve¬ 
land’s use of the military to suppress the Chicago riots;— 
there was a distinct exercise of executive independence. 
The war powers of the President, as exemplified by the 
consequences of Lincoln’s act in freeing the slaves; the 
recognition of nations; the exercise of authority through 
the Cabinet; the absolutism of the Executive in diplo¬ 
matic intercourse; the control exercised over the colo¬ 
nies, over the tariffs, over the Treasury and the National 
banking system, over the army and navy and the ports of 
the country, over the Federal courts, over the public do¬ 
mains and the postal service; the right of issuing procla¬ 
mations ; the vast powers of appointment — these and 
other attributes are proof that, be Congress constituted 
as it may, the personality of the President, his opinions 
and his designs, are of supreme importance, and that the 
selection of an unfit man for the Presidency would in¬ 
volve great danger to the Nation. 


CONSTITUTION OF PENNSYLVANIA 


PREAMBLE 

We, the people of the Commonwealth of Pennsylvania, grate¬ 
ful to Almighty God for the blessings of civil and religious liber-1 
ty, and humbly invoking His guidance, do ordain and establish 
this Constitution. 


ARTICLE I 

Declaration of Rights 

That the general, great, and essential principles of liberty and 
free government may be recognized and unalterably established, 
we declare that 

Section 1 . All men are born equally free and independent, and 
have certain inherent and indefeasible rights, among which are 2 
those of enjoying and defending life and liberty, of acquiring, 
possessing and protectingproperty and reputation, and of pursu¬ 
ing their own happiness. 

Sec. 2. All power is inherent in the people, and all free gov¬ 
ernments are founded on their authority and instituted for their 3 
peace, safety, and happiness. For the advancement of these 
ends, they have at all times an inalienable and indefeasible right 
to alter, reform, or abolish their government in such manner as 
they may think proper. 

Sec. 3. All men have a natural and indefeasible right to wor¬ 
ship Almighty God according to the dictates of their own con- 4 
sciences; no man can of right be compelled to attend, erect, or 
support any place of worship, or to maintain any ministry 
against his consent; no human authority can, in any case what¬ 
ever, control or interfere with the rights of conscience, and no 
preference shall ever be given by law to any religious establish¬ 
ments or modes of worship. 

Sec. 4. No person who acknowledges the being of a God, and 
a future state of rewards and punishments, shall, on account of 5 
his religious sentiments, be disqualified to hold any office or 
place of trust or profit under this Commonwealth. 

Sec. 5. Elections shall be free and equal; and no power, civil 
or military, shall at any time interfere to prevent the free exer- 6 
pise of the right of suffrage. 



356 


THE AMERICAN CITIZEN 


Sec. 6. Trial by jury shall be as heretofore, and the right 

7 thereof remain inviolate. 

Sec. 7 . The printing press shall be free to every person who 

8 may undertake to examine the proceedings of the Legislature, 
or any branch of government, and no law shall ever be made 
to restrain the right thereof. The free communication of 
thoughts and opinions is one of the invaluable rights of man, 
and every citizen may freely speak, write, and print on any sub¬ 
ject, being responsible for the abuse of that liberty. No con¬ 
viction shall be had in any prosecution for the publication of pa¬ 
pers relating to the official conduct of officers or men in public 
capacity, or to any other matter proper for public investigation 
or information, where the fact that such publication was not ma¬ 
liciously or negligently made shall be established to the satis¬ 
faction of the jury; and in all indictments for libel, the jury shall 
have the right to determine the law and the facts under the 
direction of the court, as in other cases. 

Sec. 8. The people shall be secure in their persons, houses, 

9 papers, and possessions from unreasonable searches and seiz¬ 
ures, and no warrant to search any place or to seize any person 
or things shall issue without describing them as nearly as may 
be, nor without probable cause, supported by oath or affirmation, 
subscribed to by the affiant. 

Sec. 9. In all criminal prosecutions the accused hath a right 

10 to be heafd by himself and his counsel, to demand the nature and 
cause of the accusation against him, to meet the witnesses face 
to face, to have compulsory process for obtaining witnesses 
in his favor, and in prosecutions by indictment or informa¬ 
tion, a speedy public trial by an impartial jury of the vicinage; 
he cannot be compelled to give evidence against himself, nor can 
he be deprived of his life, liberty, or property, unless by the judg¬ 
ment of his peers or the law of the land. 

Sec. 10. No person shall, for any indictable offence, be pro- 

11 ceeded against criminallv by information, except in cases arising 
in the land or naval forces, or in the militia, when in actual ser¬ 
vice, in time of war or public danger, or by leave of the court, 
for oppresson or misdemeanor in office. No person shall, for the 
same offence, be twice put in jeopardy of life or limb; nor shall 
private property be taken or applied to public use, without au¬ 
thority of law and without just compensation being first made or 
secured. 

Sec. 11 . All courts shall be open, and every man, for an in- 

12 jury done him in his lands, goods, person, or reputation, shall 
have remedy by due course of law, and right and justice admin¬ 
istered without sale, denial, or delay. Suits may be brought 
against the Commonwealth in such manner, in such courts, and 
in such cases as the Legislature may by law direct. 


CONSTITUTION OF PENNSYL VANIA 357 


Sec. 12. No power of suspending laws shall be exercised un¬ 
less by the Legislature, or by its authority. 13 

Sec. 13. Excessive bail shall not be required, nor excessive 
fines imposed, nor cruel punishments inflicted. 14 

Sec. 14. All prisoners shall be bailable by sufficient sureties, 
unless for capital offenses, when the proof is evident or presump- 15 
tion great; and the privilege of the writ of habeas corpus shall 
not be suspended, unless when in case of rebellion or invasion 
the public safety may require it. 

Sec. 15. No commission of oyer or terminer or jail delivery 
shall be issued. 16 

Sec. 16. The person of a debtor, where there is not strong 
presumption of fraud, shall not be continued in prison after de- 17 
livering up his estate for the benefit of his creditors, in such 
manner as shall be prescribed by law. 

Sec. 17. No ex post facto law, nor any law impairing the 
obligation of contracts, or making irrevocable any grant of spe- 18 
cial privileges or immunities, shall be passed. 

Sec. 18. No person shall be attainted of treason or felony by 
the Legislature. 19 

Sec. 19. No attainder shall work corruption of blood, nor, ex¬ 
cept during the life of the offender, forfeiture of estate to the 20 
Commonwealth. The estate of such persons as shall destroy 
their own lives shall descend or vest as in cases of natural death, 
and if any person shall be killed by casualty there shall be no 
forfeiture by reason thereof. 

Sec. 20. The citizens have a right in a peaceable manner to 
assemble together for their common good, and to apply to those 21 
invested with the powers of government for redress of griev¬ 
ances or other proper purposes, by petition, address, or remon¬ 
strance. 

Sec. 21. The right of the citizens to bear arms in defense of 
themselves and the State shall not be questioned. 22 

Sec. 22. No standing army shall, in time of peace, be kept up 
without the consent of the Legislature, and the military shall in 23 
all times and in all cases be in strict subordination to the civil 
power. 

Sec. 23. No soldier shall in time of peace be quartered in any 
house without the consent of the owner, nor in time of war but 24 
in a manner to be prescribed by law. 

Sec. 24. The Legislature shall not grant any title of nobility 
or hereditary distinction, nor create any office, the appointment 25 
to which shall be for a longer term than during good behavior. 
Sec. 25. Emigration from the State shall not be nrohibited. 26 
Sec. 26. To guard against transgressions of the high powers 
which we have delegated, we declare that anytlrng in this arti- 27 
cle is excepted out of the general powers of government and 
shall forever remain inviolate. 


358 


THE AMERICAN CITIZEN 


ARTICLE II 

The Legislature 

Sec. 1 . The legislative power of this Commonwealth shall be 

28 vested in a General Assembly, which shall consist of a senate 
and a house of representatives. 

Sec. 2. Members of the General Assembly shall be chosen at 

29 the general election every second year. Their term of service 
shall begin on the first day of December next after their election. 
Whenever a vacancy shall occur in either house, the presiding 
officer thereof shall issue a writ of election to fill such vacancy 
for the remainder of the term. 

Sec. 3. Senators shall be elected for the term of four years, 

30 and representatives for the term of two years. 

Sec. 4. The General Assembly shall meet at twelve o’clock, 

31 noon, on the first Tuesday of January every second year, and at 
other times when convened by the Governor,, but shall hold no 
adjourned annual session after the year one thousand eight hun¬ 
dred and seventy-eight. In case of a vacancy in the office of 
United States Senator from this Commonwealth, in a recess be¬ 
tween sessions, the Governor shall convene the two houses by 
proclamation on notice not exceeding sixty days, to fill the same. 

Sec. 5. Senators shall be at least twenty-five years of age, 

32 and representatives twenty-one years of age. They shall Have 
been citizens and inhabitants of the State four years, and inhab¬ 
itants of their respective districts one year next before their 
election (unless absent on the public business of the United 
States, or of this State), and shall reside in their respective dis¬ 
tricts during their terms of service. 

Sec. 6. No senator or representative shall, during the time for 

33 which he shall have been elected, be appointed to any civil office 
under this Commonwealth, and no member of Congress, or other 
person holding any office (except of attorney-at-law or in the 
militia), under the United States, or this Commonwealth, shall 
be a member of either house during his continuance in office. 

Sec. 7. No person hereafter convicted of embezzlement of 

34 public moneys, bribery, perjury, or other infamous crime, shall 
be eligible to the General Assembly, or capable of holding any 
office of trust or profit in this Commonwealth. 

Sec. 8. The members of the General Assembly shall receive 

35 such salary and mileage for regular and special sessions as shall 
be fixed by law and no other compensation whatever, whether 
for service upon committee or otherwise. No member of either 
house shall, during the term for which he may have been elect¬ 
ed, receive any increase of salary or mileage, under any law 
passed during such term. 


CONSTITUTION OF PENNSYL VANIA 359 


Sec. 9. The senate shall, at the beginning and close of each 
regular session, and at such other times as may be necessary, 36 
elect one of its members President pro tempore, who shall per¬ 
form the duties of the lieutenant-governor, in any case of ab¬ 
sence or disability of that officer, and whenever the said office of 
lieutenant-governor shall be vacant. The house of representa¬ 
tives shall elect one of its members as speaker. Each house 
shall choose its other officers, and shall judge of the election 
and qualifications of its members. 

Sec. 10. A majority of each house shall constitute a quorum, 
but a smaller numb.er may adjourn from day to day, and compel 37 
the attendance of absent members. 

Sec. 11. Each house shall have power to determine the rules 
of its proceedings, and punish its members or other persons for 38 
contempt or disorderly behavior in its presence, to enforce obe¬ 
dience to its process, to protect its members against violence, or 
offers of bribes or private solicitation, and with the concurrence 
of two-thirds, to expel a member, but not a second time for the 
same cause, and shall have all other powers necessary for the 
Legislature of a free State. A member expelled for corruption 
shall not thereafter be eligible to either house, and punishment 
for contempt or disorderly behavior shall not bar an indictment 
for the same offense. 

Sec. 12. Each house shall keep a journal of its proceedings, 
and from time to time publish the same, except such parts as re- 39 
quire secrecy, and the yeas and nays of the members on any 
question shall, at the desire of any two of them, be entered on 
the journal. 

Sec. 13. The sessions of each house, and of committees of the 
whole, shall be open, unless when the business is such as ought 40 
to be kept secret. 

Sec. 14. Neither house shall, without the consent of the other, 
adjourn for more than three days, nor to any other place than 41 
that in which the two houses shall be sitting. 

Sec. 15. The members of the General Assembly shall in all 
cases except treason, felony, violation of their oath of office, and 42 
breach or surety of the peace, be privileged from arrest during 
their attendance at the sessions of their respective houses and in 
going to and returning from the same; and for any speech or 
debate in either house they shall not be questioned in any other 
place. 

Sec. 16. The State shall be divided into fifty senatorial dis¬ 
tricts of compact and contiguous territory as nearly equal in 43 
population as may be, and each district shall be entitled to elect 
one senator. Each county containing one or more ratios of pop¬ 
ulation shall be entitled to one senator for each ratio, and to an 
additional senator for a surplus of population exceeding three- 
fifths of a ratio, but no county shall form a separate district un- 


360 


THE AMERICAN CITIZEN 


less it shall contain four-fifths of a ratio, except where the ad¬ 
joining counties are each entitled to one or more senators, when 
such county may be assigned a senator on less than four-fifths 
and exceeding one-half a ratio; and no county shall be divided 
unless entitled to two or more senators. No city or county shall 
be entitled to separate representation exceeding one-sixth of the 
whole number of senators. No ward, borough, or township shall 
be divided in the formation of a district.’ The senatorial ratio 
shall be ascertained by dividing the whole population of the State 
by the number fifty. 

Sec. 17. The members of the house of representatives shall be 

44 apportioned among the several counties, on a ratio obtained by 
dividing the population of the State, as ascertained by the most 
recent United States census, by two hundred. Every county 
containing less than five ratios shall have one representative for 
every full ratio, and an additional representative when the sur¬ 
plus exceds half a ratio; but each county shall have at least one 
representative. Every county containing five ratios or more shall 
have one representative for every full ratio. Every city contain¬ 
ing a population equal to a ratio shall elect separately its pro¬ 
portion of the representatives allotted to the county in which it 
is located. Every city entitled to more than four representa¬ 
tives, and every county having over one hundred thousand in¬ 
habitants, shall be divided into districts of compact and contig¬ 
uous territory, each district to elect its proportion of representa¬ 
tives according to its population, but no district shall elect more 
than four representatives. 

Sec. 18. The General Assembly at its first session after the 

45 adoption of this Constitution, and immediately after each United 
States decennial census, shall apportion the State into senatorial 
and representative districts, agreeably to the provisions of the 
two next preceding sections. 

ARTICLE III 

Legislation 

Sec. 1 . No law shall be passed except by bill, and no bill shall 

46 be so altered or amended, on its passage through either house, 
as to change its original purpose. 

Sec. 2. No bill shall be considered unless referred to a com- 

47 mittee, returned therefrom, and printed for the use of the mem¬ 
bers. 

Sec. 3. No bills, except general appropriation bills, shall be 

48 passed containing more than one subject, which shall be clearly 
expressed in its title. 

Sec. 4. Every bill shall be read at length on three different 

49 days, in each house; all amendments made thereto shall be print- 


CONSTITUTION OF PENNSYL VANIA 361 


ed for the use of the members before the final vote is taken on 
the bill, and no bill shall become a law, unless on its final pas¬ 
sage the vote be taken by yeas and nays, the names of the per¬ 
sons voting for and against the same be entered on the journal, 
and a majority of the members elected to each house be recorded 
thereon as voting in its favor. 

Sec. 5. No amendments to bills by one house shall be con¬ 
curred in by the other, except by the vote of a majority of the 50 
members elected thereto, taken by yeas and nays, and the names 
of those voting for and against recorded upon the journal there¬ 
of; and reports of committees of conference shall be adopted in 
either house only by the vote of a majority of the members elect¬ 
ed thereto, taken by yeas and nays, and the names of those vot¬ 
ing recorded upon the journals. 

Sec. 6. No law shall be revived, amended, or the provisions 
thereof extended or conferred, by reference to its title only, but 51 
so much thereof as is revived, amended, extended, or conferred, 
shall be re-enacted, and published at length. 

Sec. 7. The General Assembly shall not pass any local or spe¬ 
cial law authorizing the creation, extension, or impairing of 52 
liens; regulating the affairs of counties, cities, townships, wards, 
boroughs, or school districts; changing the names of persons or 
places; changing the venue in civil or criminal cases; authoriz¬ 
ing the laying out, opening, altering, or maintaining roads, high¬ 
ways, streets, or alleys; relating to ferries or bridges, or incor¬ 
porating ferry or bridge companies, except for the erection of 
bridges crossing streams which form boundaries between this 
and any other State; vacating roads, town plats, streets, or al¬ 
leys; relating to cemeteries, grave-yards, or public grounds not 
of the State; authorizing the adoption or legitimation of chil¬ 
dren; locating or changing county seats; erecting new counties, 
or changing county lines; incorporating cities, towns, or vil¬ 
lages, or changing their charters; for the opening and conduct¬ 
ing of elections, or fixing or changing the place of voting; grant¬ 
ing divorces; erecting new townships or boroughs; changing 
township lines, borough limits, or school districts; creating 
offices, or prescribing the powers and duties of officers in 
counties, cities, boroughs, townships, election, or school dis¬ 
tricts; changing the law of descent or succession; regulating 
the practice or jurisdiction of, or changing the rules of evidence 
in, any judicial proceeding or inquiry before courts, aldermen, 
justices of the peace, sheriffs, commissioners, arbitrators, audit¬ 
ors, masters in chancery, or other tribunals, or providing or 
changing methods for the collection of debts, or the enforcing 
of judgments, or prescribing the effect of judicial sales of real 
estate; regulating the fees, or extending the powers and duties 
of aldermen, justices of the peace, magistrates, or constables; 
regulating the management of public schools, the building or re- 


362 


THE AMERICAN CITIZEN 


pairing of schoolhouses, and the raising of money for such pur¬ 
poses; fixing the rate of interest; attecting the estates of minors 
or persons under disability, except after due notice to all parties 
in interest, to be recited in the special enactment; remitting 
fines, penalties, and forfeitures, or refunding moneys legally paid 
into the treasury; exempting property from taxation; regulating 
labor, trade, mining, or manufacturing; creating corporations, 
or amending, renewing, or extending the charters thereof; grant¬ 
ing to any corporation, association, or individual, any special or 
exclusive privilege or immunity, or to any corporation, associa¬ 
tion, or individual, the right to lay down a railroad track; nor 
shall the General Assembly indirectly enact such special or local 
law by the partial repeal of a general law; but laws repealing lo¬ 
cal or special acts may be passed; nor shall any law be passed 
granting powers or privileges in any case where the granting of 
such powers and privileges shall have been provided for by gen¬ 
eral law, nor where the courts have jurisdiction to grant the 
same or give the relief-asked for. 

Sec. 8. No local or special bill shall be passed unless notice 

53 of the intention to apply therefor shall have been published in 
the locality where the matter or the thing to be effected may be 
situated, which notice shall be at least thirty days prior to the 
introduction into the General Assembly of such bill and in the 
manner to be provided by law; the evidence of such notice hav¬ 
ing been published shall be exhibited in the General Assembly 
before such act shall be passed. 

Sec. 9. The presiding officer of each house shall, in the pres- 

54 ence of the house over which he presides, sign all bills and joint 
resolutions passed by the General Assembly, after their titles 
have been publicly read immediately before signing; and the fact 
of signing shall be entered on the journal. 

Sec. 10 . The General Assembly shall prescribe by law the 

55 number, duties and compensation of the officers and employes 
of each house; and no payment shall be made from the State 
treasury, or be in any way authorized, to any person, except to ' 
an acting officer or employe elected or appointed in pursuance 
of law. 

Sec. 11. No bill shall be passed giving any extra compensation 

56 to any public officer, servant, employe, agent or contractor, after 
services shall have been rendered or contract made, nor provid¬ 
ing for the payment of any claim against the Commonwealth 
without previous authority of law. 

Sec. 12 . All stationery, printing paper, and fuel used in the 

57 legislative and other departments of government shall be fur¬ 
nished, and the printing, binding, and distributing of the laws, 
journals, department reports, and all other printing and binding, 
and the repairing and furnishing the halls and rooms used for 
the meetings of the General Assembly and its committees, shall 



CONSTITUTION OF PENNSYL VANIA 363 


be performed under contract to be given to the lowest responsi¬ 
ble bidder below such maximum price and under such regula¬ 
tions as shall be prescribed by law; no member or officer of any 
department of the government shall be in any way interested in 
such contracts; and all such contracts shall be subject to the 
approval of the Governor, auditor-general, and State-treasurer. 

Sec. 13. No law shall extend the term of any public officer, or 
increase or diminish his salary or emoluments, after his election 58 
or appointment. 

Sec. 14. All bills for raising revenue shall originate in the 
house of representatves, but the senate may propose amend- 59 
ments as in other bills. 

Sec. 15. The general appropriation bill shall embrace nothing 
but appropriations for the ordinary expenses of the executive, 60 
legislative, and judicial departments of the Commonwealth, in¬ 
terest on the public debt and for public schools; all other appro¬ 
priations shall be made by separate bills, each embracing but 
one subject. 

Sec. 16. No money shall be paid out of the treasury except 
upon appropriations made by law and on warrant drawn by the 61 
proper officer in pursuance thereof. 

Sec. 17. No appropriation shall be made to any charitable or 
educational institution not under the absolute control of the 62 
Commonwealth, other than normal schools established by law 
for the professional training of teachers for the public schools 
of the State, except by a vote of two-thirds of all the members 
elected to each house. 

Sec. 18. No appropriations, except for pensions or gratuities 
for military services, shall be made for charitable, educational, or 63 
benevolent purposes to any person or community, nor to any 
denominational or sectarian institution, corporation, or associa¬ 
tion. 

Sec. 19. The General Assembly may make appropriations of 
money to institutions wherein the widows of soldiers are sup- 64 
ported or assisted, or the orphans of soldiers are maintained and 
educated; but such appropriations shall be applied exclusively to 
the support of such widows and orphans. 

Sec. 20. The General Assembly shall not delegate to any spe¬ 
cial commission, private corporation or association, any power to 65 
make, supervise, or interfere with any municipal improvement, 
money, property, or effects, whether held in trust or otherwise, 
or to levy taxes or perform any municipal function whatever. 

Sec. 21. No act of the General Assembly shall limit the 
amount to be recovered for injuries resulting in death, or for in- 66 
juries to persons or property; and in case of death from such 
injuries, the right of action shall survive, and the General Assem¬ 
bly shall prescribe for whose benefit such actions shall be prose¬ 
cuted. No act shall prescribe any limitations of time within 


364 


THE AMERICAN CITIZEN 


which suits may be brought against corporations for injuries to 
persons or property, or for other causes different from those 
fixed by general laws regulating actions against natural persons, 
and such acts now existing are avoided. 

Sec. 22. No act of the General Assembly shall authorize the 

67 investment of trust funds by executors, administrators, guardians 
or other trustees, in the bonds or stock of any private corpora¬ 
tion, and such acts now existing are avoided, saving investments 
heretofore made. 

Sec. 23. The power to change the venue in civil and criminal 

68 cases shall be vested in the courts, to be exercised in such man¬ 
ner as shall be provided by law. 

Sec. 24. No obligation or liability of any railroad or other 

69 corporation, held or owned by the Commonwealth, shall ever be 
exchanged, transferred, remitted, postponed, or in any way di¬ 
minished by the General Assembly, nor shall such liability or 
obligation be released, except by payment thereof into the State 
treasury. 

Sec. 25. When the General Assembly shall be convened in 

70 special session there shall be no legislation upon subjects other 
than those designated in the proclamation of the Governor call¬ 
ing such session. 

Sec. 26. Every order, resolution or vote, to which the con- 

71 currence of both houses may be necessary, (except on the ques¬ 
tion of adjournment,) shall be presented to the Governor, and, 
before it shall take effect, be approved by him, or, being disap¬ 
proved, shall be re-passed by two-thirds of both houses, accord¬ 
ing to the rules and limitations prescribed in case of a bill. 

Sec. 27. No State office shall be continued or created for the 

72 inspection or measuring of any merchandise, manufacture, or 
commodity, but any county or municipality may appoint such 
officers when authorized by law. 

Sec. 28. No law changing the location of the capital of the 

73 State shall be valid, until the same shall have been submitted to 
the qualified electors of the Commonwealth at a general election, 
and ratified and approved by them. 

Sec. 29. A member of the General Assembly who shall solicit, 

74 demand, or receive or consent to receive, directly or indirectly, 
for himself or for another, from any company, corporation or 
person, any money, office, appointment, employment, testimonial, 
reward, thing of value, or enjoyment, or of personal advantage, 
or promise thereof, for his vote, or official influence, or for with¬ 
holding the same, or with an understanding, expressed or im¬ 
plied, that his vote or official action shall be, in any way, influ¬ 
enced thereby, or who shall solicit, or demand any such money, 
or other advantage, matter^or thing aforesaid for another, as the 
consideration of his vote or official influence or for withholding 
the same, or shall give, or withhold his vote or influence, in con- 


CONSTITUTION OF PENNSYL VANIA 365 


sideration of the payment or promise of such money, advantage, 
matter or thing to another, shall be held guilty of bribery within 
the meaning of this Constitution, and shall incur the disabilities 
provided thereby for said offense, and such additional punish¬ 
ment as is or shall be provided by law. 

Sec. 30. Any person who shall, directly or indirectly, offer, 
give, or promise, any money or thing of value, testimonial, priv- 75 
ilege or personal advantage to any executive or judicial officer, 
or member of the General Assembly, to influence him in the per¬ 
formance of any of his public or official duties, shall be guilty of 
bribery, and be punished in such manner as shall be provided by 
law. 

Sec. 31. The offense of corrupt solicitation of members of the 
General Assembly, or of public officers of the State, or of any 76 
municipal division thereof, and any occupation, or practice of 
solicitation, of such members or officers, to influence their official 
action, shall be defined by law, and shall be punished by fine and 
imprisonment. 

Sec. 32. Any person may be compelled to testify in any lawful 
investigation or judicial proceeding, against any person, who 77 
may be charged with having committed the offense of bribery or 
corrupt solicitation, or practices of solicitation, and shall not be 
permitted to withhold his testimony upon the ground that it may 
criminate himself, or subject him to public infamy; but such 
testimony shall not afterwards be used against him in any judi¬ 
cial proceeding, except for perjury in giving such testimony; 
and any person convicted of either of the offenses aforesaid shall, 
as part of the punishment therefor, be disqualified from holding 
any office of honor, trust, or profit in this Commonwealth. 

Sec. 33. A member who has a personal or private interest in 78 
any measure or bill proposed or pending before the General As¬ 
sembly, shall disclose the fact to the house of which he is a mem¬ 
ber, and shall not vote thereon. 

ARTICLE IV 

The Executive 

Sec. 1 . The executive department of this Commonwealth shall 
consist of a Governor, lieutenant-governor, secretary of the 79 
Commonwealth, attorney-general, auditor-general, State-treas¬ 
urer, secretary of internal affairs, and a superintendent of public 
instruction. 

Sec. 2. The supreme executive power shall be vested in the 
Governor, who shall take care that the laws be faithfully exe- 80 
cuted; he shall be chosen on the day of the general election, by 
the qualified electors of the Commonwealth, at the places where 
they shall vote for representatives. The returns of every elec- 


366 


THE AMERICAN CITIZEN 


tion for Governor shall be sealed up and transmitted to the seat 
of government, directed to the president of the senate, who shall 
open and publish them in the presence of the members of both 
houses of the General Assembly. The person having the highest 
number of votes shall be Governor; but if two or more be equal 
and highest in votes, one of them shall be chosen Governor by 
the joint vote of the members of both houses. Contested elec¬ 
tions shall be determined by a committee, to be selected from 
both houses of the General Assembly, and formed and regulated 
in such a manner as shall be directed by law. 

Sec. 3. The Governor shall hold his office during four years, 

81 from the third Tuesday of January next ensuing his election, and 
shall not be eligible to the office for the next succeeding term. 

Sec. 4. A lieutenant-governor shall be chosen at the same 

82 time, in the same manner, for the same term, and subject to the 
same provisions as the Governor; he shall be president of the 
senate, but shall have no vote unless they be equally divided. 

Sec. 5. No person shall be eligible to the office of Governor 

83 or lieutenant-governor, except a citizen of the United States, 
who shall have attained the age of thirty years, and have been 
seven years next preceding his election an inhabitant, of the 
State, unless he shall have been absent on the public business of 
the United States or of this State. 

Sec. 6. No member of Congress, or person holding an office 

84 under the United States or this State, shall exercise the office of 
Governor or lieutenant-governor. 

Sec. 7. The Governor shall be commander-in-chief of the 

85 army and navy of the Commonwealth, and of the militia, except 
when they shall be called into the actual service of the United 
States. 

Sec. 8. He shall nominate, and, by and with the advice and 

86 consent of two-thirds of all the members of the senate, appoint 
a secretary of the Commonwealth and an attorney-general dur¬ 
ing pleasure, a superintendent of public instructon for four years, 
and such other officers of the Commonwealth as he is or may be 
authorized by the Constitution or by law to appoint; he shall 
have power to fill all vacancies that may happen in offices to 
which he may appoint, during the recess of the senate, by grant¬ 
ing commissions which shall expire at the end of their next ses¬ 
sion; he shall have power to fill any vacancy that may happen, 
during the recess of the senate, in the office of auditor-general, 
State-treasurer, secretary of internal affairs, or superintendent of 
public instruction, in a judicial office, or in any other elective 
office which he is or may be authorized to fill; if the vacancy 
shall happen during the session of the senate, the Governor shall 
nominate to the senate, before their final adjournment, a proper 
person to fill said vacancy; but in any such case of vacancy in 
an elective office, a person shall be chosen to said office at the 


CONSTITUTION OF PENNSYL VANIA 367 


next general election, unless the vacancy shall happen within 
three calendar months immediately preceding such election, in 
which case the election for said office shall be at the second suc¬ 
ceeding general election. In acting on executive nominations the 
senate shall sit with open doors, and in confirming or rejecting 
the nominations of the Governor, the vote shall be taken by yeas 
and nays, and shall be entered on the journal. 

Sec. 9. He shall have power to remit fines and forfeitures, to 
grant reprieves, commutations of sentences, and pardons, except 87 
in cases of impeachment; but no pardon shall be granted nor 
sentence commuted, except upon the recommendation, in writ¬ 
ing, of the lieutenant-governor, secretary of the Commonwealth, 
attorney-general and secretary of internal affairs, or any three 
of them, after full hearing, upon due public notice and in open 
session; and such recommendation, with the reasons therefor at 
length, shall be recorded and filed in the office of the secretary 
of the Commonwealth. 

Sec. 10. He may require information, in writing, from the 
officers of the executive department, upon any subject relating 88 
to the duties of their respective offices. 

Sec. 11. He shall, from time to time, give to the General As¬ 
sembly information of the state of the Commonwealth, and rec- 89 
ommend to their consideration such measures as he may judge 
expedient. 

Sec. 12. He may on extraordinary occasions, convene the 
General Assembly; and in case of disagreement between the two 90 
houses, with respect to the time of adjournment, adjourn them to 
such time as he shall think proper, not exceding four months. 

He shall have power to convene the senate in extraordinary ses¬ 
sion by proclamation, for the transaction of executive business. 

Sec. 13. In case of the death, conviction or impeachment, fail¬ 
ure to qualify, resignation, or other disability of the Governor, 91 
the powers, duties and emoluments of the office, for the remain¬ 
der of the term, or until the disability be removed, shall devolve 
upon the lieutenant-governor. 

Sec. 14. In case of a vacancy in the office of lieutenant-gov¬ 
ernor, or when the lieutenant-governor shall be impeached by 92 
the house of representatives, or shall be unable to exercise the 
duties of his office, the powers, duties, and emoluments thereof 
for the remainder of the term, or until the disability be removed, 
shall devolve upon the president pro tempore of the senate; and 
the president pro tempore of the senate shall in like manner be¬ 
come Governor if a vacancy or disability shall occur in the office 
of Governor; his seat as senator shall become vacant whenever 
he shall become Governor, and shall be filled by election as any 
other vacancy in the senate. 

Sec. 15. Every bill which shall have passed both houses shall 
be presented to the Governor; if he approve he shall sign it; 93 


368 THE AMERICAN CITIZEN 


but if he shall not approve he shall return it, with his objections, 
to the house in which it shall have originated, which house shall 
enter the objections at large upon their journal and proceed to 
reconsider it. If, after such re-consideration, two-thirds of all 
the members elected to the house shall agree to pass the bill, it 
shall be sent with the objections, to the other house, by which 
likewise it shall be re-considered, and if approved by two-thirds 
of all the members elected to that house, it shall be a law; but 
in such cases the votes of both houses shall be determined by 
yeas and nays, and the names of the members voting for and 
against the bill shall be entered on the journals of each house 
respectively. If any bill shall not be returned by the Governor 
within ten days after it shall have been presented to him, the 
same shall be a law, in like manner as if he had signed it, unless 
the General Assembly by their adjournment prevent its return; 
in which case it shall be a law, unless he shall file the same with 
his objections, in the office of the secretary of the Common¬ 
wealth, and give notice thereof by public proclamation within 
thirty days after such adjournment. 

Sec. 16. The Governor shall have power to disapprove of any 

94 item or items of any bill making appropriation of money, em¬ 
bracing distinct items, and the part or parts of the bill approved 
shall be the law, and the item or items of appropriations disap¬ 
proved shall be void, unless re-passed according to the rules and 
limitations prescribed for the passage of other bills over the ex¬ 
ecutive veto. 

Sec. 17. The chief-justice of the supreme court shall preside 

95 upon the trial of any contested election of Governor or lieuten¬ 
ant-governor, and shall decide questions regarding the admissi¬ 
bility of evidence, and shall, upon request of the committee, pro¬ 
nounce his opinion upon other questions of law involved in the 
trial. The Governor and lieutenant-governor shall exercise the 
duties of their respective offices until their successors shall be 
duly qualified. 

Sec. 18. The secretary of the Commonwealth shall keep a rec- 

96 ord of all official acts and proceedings of the Governor, and when 
required, lay the same, with all papers, minutes, and vouchers 
relating thereto, before either branch of the General Assembly, 
and perform such other duties as may be enjoined upon him by 
law. 

Sec. 19. The secretary of internal affairs shall exercise all the 

97 powers, and perform all the duties of the surveyor-general, sub¬ 
ject to such changes as shall be made by law. His department 
shall embrace a bureau of industrial statistics, and he shall dis¬ 
charge such duties relating to corporations, to the charitable in¬ 
stitutions, the agricultural, manufacturing, mining, mineral, tim¬ 
ber, and other material or business interests of the State as may 
be prescribed by law. He shall annually, and at such other times 


CONSTITUTION OF PENNSYL VANIA 369 


as may be required by law, make report to the General Assem- 
bly. 

Sec. 20. The superintendent of public instruction shall exer¬ 
cise all the powers and perform all the duties of the superintend- 98 
ent of common schools, subject to such changes as shall be made 
by law. 

Sec. 21. The term of the. secretary of internal affairs shall be 
four years; of the auditor-general, three years; and of the State- 99 
treasurer, two years. These officers shall be chosen by the qual¬ 
ified electors of the State at general elections. No person elected 
to the office of auditor-general or State-treasurer shall be capable 
of holding the same office for two consecutive terms. 

Sec. 22. The present great seal of Pennsylvania shall be the 
seal of the State. All commissions shall be in the name and by 100 
authority of the Commonwealth of Pennsylvania, and be sealed 
with the State seal, and signed by the Governor. 

ARTICLE V 

The Judiciary 

Sec. 1 . The judicial power of this Commonwealth shall be 
vested in a supreme court, in courts of common pleas, courts of 101 
oyer and terminer and general jail delivery, courts of quarter 
sessions of the peace, orphans’ courts, magistrates’ courts, and 
in such other courts as the General Assembly may from time to 
time establish. 

Sec. 2. The supreme court shall consist of seven judges, who 
shall be elected by the qualified electors of the State at large. 102 
They shall hold their offices for the term of twenty-one years, if 
they so long behave themselves well, but shall not be again eli¬ 
gible. The judge whose commission shall first expire shall be 
chief justice, and thereafter each judge whose commission shall 
first expire shall in turn be chief justice. 

Sec. 3. The jurisdiction of the supreme court shall extend 
over the State, and the judges thereof shall, by virtue of their 103 
offices, be justices of oyer and terminer and general jail delivery 
in the several counties; they shall have original jurisdiction in 
cases of injunction where a corporation is a party defendant, of 
habeas corpus, of mandamus to courts of inferior jurisdiction, 
and of quo warranto as to all officers of the Commonwealth 
whose jurisdiction extends over the State, but shall not exercise 
any other original jurisdiction: they shall have appellate juris¬ 
diction by appeal, certiorari, or writ of error, in all cases, as is 
now or may hereafter be provided by law. 

Sec. 4. • Until otherwise directed by law, the courts of com¬ 
mon pleas shall continue as at present established, except as 104 
herein changed; not more than four counties shall at any time, 


370 


THE AMERICAN CITIZEN 


be included in one judicial district organized for said courts. 

Sec. 5. Whenever a county shall contain forty thousand in- 

105 habitants it shall constitute a separate judicial district, and shall 
elect one judge learned in the law; and the General As'sembly 
shall provide for additional judges, as the business of the said 
districts may require. Counties containing a population less 
than is sufficient to constitute separate districts shall be formed 
into convenient single districts, or, if necessary, may be attached 
to contiguous districts as the General Assembly may provide. 
The office of associate judge, not learned in law, is abolished in 
counties forming separate districts; but the several associate 
judges in office when the Constitution shall be adopted shall 
serve for their unexpired terms. 

Sec. 6. In the counties of Philadelphia and Allegheny all the 

106 jurisdiction and powers now vested in the district courts of com¬ 
mon pleas, subject to such changes as may be made by this Con¬ 
stitution or by law, shall be, in Philadelphia, vested, in four and 
in Allegheny in two, distinct and separate courts of equal and co¬ 
ordinate jurisdiction, composed of three judges each; the said 
courts in Philadelphia shall be designated respectively as the 
court of common pleas number one, number two, number three, 
and number four, and in Allegheny as t-he court of common 
pleas number one and number two, but the number of said courts 
may be by law increased, from time to time, and shall be in like 
manner designated by successive numbers; the number of judges 
in any of said courts, or in any county where the establishment 
of an additional court may be authorized by law, may be in¬ 
creased from time to time, and whenever such increase shall 
amount in the whole to three, such three judges shall compose 
a distinct and separate court as aforesaid, which shall be num¬ 
bered as aforesaid. In Philadelphia, all suits shall be instituted 
in the said courts of common pleas without designating the num¬ 
ber of said court, and the several courts shall distribute and ap¬ 
portion the business among them in such manner as shall be 
provided by rules of court; and each court to which any suit 
shall be thus assigned, shall have exclusive jurisdiction thereof, 
subject to change of venue, as shall be provided by law. In Al¬ 
legheny each court shall have exclusive jurisdiction of all pro¬ 
ceedings at law and in equity, commenced therein, subject to 
change of venue, as may be provided by law. 

Sec. 7. ’For Philadelphia there shall be one prothonotary’s 

107 office and one prothonotary for all said courts, to be appointed 
by the judges of said courts, and to hold office for three years, 
subject to removal by a majority of the said judges; the said 
prothonotary shall appoint such assistants as may be necessary 
and authorized by said courts; and he and his assistants shall 
receive fixed salaries, to be determined by law and paid by said 
county; all fees collected in said office, except such as may be 


CONSTITUTION OF PENNSYL VANIA 371 


by law due to the Commonwealth, shall be paid by the prothono- 
tary into the county treasury. Each court shall have its separate 
dockets, except the judgment docket, which shall contain the 
judgments and liens of all the said courts, as is or may be direct¬ 
ed by law. 

Sec. 8. The said courts in the counties of Philadelphia and 
Allegheny, respectively, shall, from time to time, in turn, detail 108 
one or more of their judges to hold the courts of oyer and ter¬ 
miner and the courts of quarter sessions of the peace of said 
counties, in such manner as may be directed by law. 

Sec. 9. Judges of the courts of common pleas learned in the 
law shall be judges of the courts of oyer and terminer, quarter 109 
sessions of the peace and general jail delivery, and of the or¬ 
phans’ court, and within their respective districts, shall be jus¬ 
tices of the peace as to criminal matters. 

Sec. 10. The judges of the courts of common pleas, within 
their respective counties, shall have the power to issue writs of 110 
certiorari to justices of the peace, and other inferior courts not 
of record, and to cause their proceedings to be brought before 
them, and right and justice to be done. 

Sec. 11. Except as otherwise provided in this Constitution, 
justices of the peace or aldermen, shall be elected in the several 111 
wards, districts, boroughs, and townships at the time of the elec¬ 
tion of constables by the qualified electors thereof, in such man¬ 
ner as shall be directed by law, and shall be commissioned by the 
Governor for a term of five years. No township, ward, district, 
or borough shall elect more than two justices of the peace 'or 
aldermen, without the consent of a majority of the qualified elec¬ 
tors within such township, ward, or borough; no person shall be 
elected to such office unless he shall have resided within the 
township, borough, ward, or district, for one year next preceding 
his election. In cities containing over fifty thousand inhabitants, 
not more than one alderman shall be elected in each ward or dis¬ 
trict. 

Sec. 12. In Philadelphia there shall be established, for each 
thirty thousand inhabitants, one court, not of record, of police 112 
and civil causes, with jurisdiction not exceeding one hundred 
dollars; such courts shall be held by magistrates whose term of 
office shall be five years, and they shall be elected on general 
ticket by the qualified voters at large; and in the election of said 
magistrates no voter shall vote for more than two-thirds of the 
number of persons to be elected when more than one are to be 
chosen; they shall be compensated only by fixed salaries, to be 
paid by said county; and shall exercise such jurisdiction, civil 
and criminal, except as herein provided, as is now exercised by 
aldermen, subject to such changes, not involving an increase of 
civil jurisdiction or conferring political duties, as may be made 
by law. In Philadelphia the office of alderman, is abolished. 


372 


THE AMERICAN CITIZEN 


Sec. 13. All fees, fines, and penalties in said courts shall be 

113 paid into the county treasury. 

Sec. 14. In all cases of summary conviction in this Common- 

114 wealth, or of judgment in suit for a penalty before a magistrate 
or court not of record, either party may appeal to such court of 
record as may be prescribed by law, upon allowance of the appel¬ 
late court, or judge thereof, upon cause shown. 

Sec. 15. All judges required to be learned in the law, except 

115 the judges of the supreme court, shall be elected by the qualified 
electors of the respective districts over which they are to pre¬ 
side, and shall hold their offices for the period of ten years, if 
they shall so long behave themselves well; but for any reason¬ 
able cause, which shall not be sufficient ground for impeachment, 
the Governor may remove any of them on the address of two- 
thirds of each house of the General Assembly. 

Sec. 16. Whenever two judges of the supreme court are to be 

116 chosen for the same term of service, each voter shall vote for 
one only, and when three are to be chosen he shall vote for no 
more than two; candidates highest in vote shall be declared 
elected. 

Sec. 17. Should any two or more judges in the supreme court, 

117 or any two or more judges of the court of common pleas for the 
same district, be elected at the same time, they shall, as soon af¬ 
ter the election as convenient, cast lots for priority of commis¬ 
sion, and certify the result to the Governor, who shall issue their 
commissions in accordance therewith. 

Sec. 18. The judges of the supreme court and the judges of 

118 the several courts of common pleas, and all other judges re¬ 
quired to be learned in the law, shall, at stated times, receive for 
their services an adequate'compensation, which shall be fixed 
by law, and paid by the State. They shall receive no other com¬ 
pensation, fees, or perquisites of office, for their services from 
any source, nor hold any other office of profit under the United 
States, this State, or any other State. 

Sec. 19. The judges of the supreme court, during their con- 

119 tinuance in office, shall reside within this Commonwealth; and 
the other judges during their continuance in office .shall reside 
within the districts for which they shall be respectively elected. 

Sec. 20. The several courts of common pleas, besides the 

120 powers herein conferred, shall have and exercise within their 
respective districts, subject to such changes as may be made by 
law, such chancery powers as are now vested by law in the sev¬ 
eral courts of common pleas of this Commonwealth, or as may 
hereafter be conferred upon them by law. 

Sec. 21. No duties shall be imposed by law upon the supreme 

121 court or any of the judges thereof except such as are judicial; 
nor shall any of the judges exercise any power of appointment 
except as herein provided. The court of nisi prius is hereby abol- 


CONSTITUTION OF PENNSYL VANIA 373 


ished, and no court of original jurisdiction to be presided over 
by any one or more of the judges of the supreme court shall be 
established. 

Sec. 22. In every county wherein the population shall exceed 
one hundred and fifty thousand, the General Assembly shall, and ^2 
in any other county may, establish a separate orphans’ court, to 
consist of one or more judges who shall be learned in the law, 
which court shall exercise all the jurisdiction and powers now 
vested in or which may hereafter be conferred upon the orphans’ 
courts, and thereupon the jurisdiction of the judges of the court 
of common pleas within such county, in orphans’ court proceed¬ 
ings, shall cease and determine. In any county in which a sep¬ 
arate orphans’ court shall be established, the register of wills 
shall be clerk of such court and subject to its directions, in all 
matters pertaining to his office; he may appoint assistant clerks, 
but only with the consent and approval of said court. All ac¬ 
counts filed with him as register or as clerk of the said separate 
orphans’ court, shall be audited by the said court without expense 
to parties, except where all parties in interest in a pending pro¬ 
ceeding shall nominate an auditor whom the court may, in its 
discretion, appoint. In every county orphans’ courts shall pos¬ 
sess all the powers and jurisdiction of a registers’ court, and 
separate registers’ courts are hereby abolished. 

Sec. 23. The style of all process shall be “The Commonwealth 
of Pennsylvania.” All prosecutions shall be carried on in the 123 
name and by the authority of the Commonwealth of Pennsyl¬ 
vania, and conclude '‘against the peace and dignity of the same.” 

Sec. 24. In all cases of felonious homicide, and in such other 
criminal cases as may be provided for by law, the accused, after 124 
conviction and sentence, may remove the indictment, record, and 
all proceedings to the supreme court for review. 

Sec. 25. Any vacancy happening by death, resignation, or 
otherwise, in any court of record, shall be filled by appointment 125 
by the Governor, to continue till the first Monday of January 
next succeeding the first general election, which shall occur three 
or more months after the happening of such vacancy. 

Sec. 26. All laws relating to courts shall be general, and of 
uniform operations, and the organization, jurisdiction, and pow- 126 
ers of all courts of the same class or grade, so far as regulated 
by law, and the force and effect of the process and judgments of 
such courts shall be uniform; and the General Assembly is here¬ 
by prohibited from creating other courts to exercise the powers 
vested by this Constitution in the judges of the courts of com¬ 
mon pleas and orphans’ courts. 

Sec. 27. The parties by agreement filed, may in any civil case 
dispense with trial by jury, and submit the decision of such case 127 
to the court having jurisdiction thereof, and such court shall hear 
and determine the same; and the judgment thereon shall be sub¬ 
ject to writ of error, as in other cases. 


374 


THE AMERICAN CITIZEN 


ARTICLE VI 

Impeachment and- Removal from Office 

Sec. 1 . The house of representatives shall have the sole power 

128 of impeachment. 

Sec. 2. All impeachments shall be tried by the senate. When 

129 sitting for that purpose, the senators shall be upon oath or af¬ 
firmation. No person shall be convicted without the concurrence 
of two-thirds of the members present. 

Sec. 3. The Governor, and all other civil officers, shall be lia- 

130 ble to impeachment for any misdemeanor in office; but judgment 
in such cases shall not extend further than to removal from 
office, and disqualification to hold any office of trust or profit un¬ 
der this Commonwealth; the person accused, whether convicted 
or acquitted, shall nevertheless be liable to indictment, trial, 
judgment, and punishment, according to law. 

Sec. 4. All officers shall hold their offices on the condition 

131 that they behave themselves well while in office, and shall be re¬ 
moved on conviction of misbehavior in office, or of any infamous 
crime. Appointed officers, other than judges of the courts of 
record and the superintendent of public instruction, may be re¬ 
moved at the pleasure of the power by which they shall have 
been appointed. All officers elected by the people, except Gov¬ 
ernor, lieutenant-governor, members of the General Assembly, 
and judges of the courts of record learned in the law, shall be 
removed by the Governor for reasonable cause, after due notice 
and full hearing, on the address of two-thirds of the senate. 

ARTICLE VII 
Oath of Office 

Sec. 1. Senators and representatives, and all judicial State, 

132 and county officers, shall, before entering on the duties of their 
respective offices, take and subscribe the following oath or af¬ 
firmation: 

“I do solemnly swear (or affirm) that I will support, obey, and 
defend the Constitution of the United States, and the Constitu¬ 
tion of this Commonwealth, and that I will discharge the duties 
of my office with fidelity; that I have not paid or contributed, or 
promised to pay or contribute, either directly or indirectly, any 
money or other valuable thing, to procure my nomination or 
election (or appointment), except for necessary and proper ex¬ 
penses expressly authorized by law; that I have not knowingly 
- violated any election law of this Commonwealth, or procured it 
to be done by others in my behalf; that I will not knowingly 
receive, directly or indirectly, any moneys or other valuable 


CONSTITUTION OF PENNSYL VANIA 375 


thing for the performance or non-performance of any act or duty 
pertaining to my office, other than the compensation allowed by 
law.” 

The foregoing oath shall be administered by some person 
authorized to administer oaths, and in the case of State officers 
and judges of -the supreme court, shall be filed in the office of 
the secretary of the Commonwealth, and in the case of other 
judicial and county officers, in the office of the prothonotary of 
the county in which the same is taken; any person refusing to 
take said oath or affirmation shall forfeit his office, and any per¬ 
son who shall be convicted of having sworn or affirmed falsely, 
or of having violated said oath or affirmation, shall be guilty of 
perjury, and be forever disqualified from holding any office of 
trust or profit within this Commonwealth. The oath to the mem¬ 
bers of the senate and house of representatives shall be adminis¬ 
tered by one of the judges of the supreme court or of a court of 
common pleas, learned in the law, in the hall of the house to 
which the members shall be elected. 


ARTICLE VIII 
Suffrage and Elections 

Sec. 1 . Every male citizen twenty-one years of age, possessing 
the following qualifications, shall be entitled to vote at all elec- 133 
tions, subject however to such laws requiring and regulating the 
registration of electors as the General Assembly may enact: 

First. He shall have been a citizen of the United States at 
least one month. 

Second. He shall have resided in the State one year (or, hav¬ 
ing previously been a qualified elector or native-born citizen of 
the State, he shall have removed therefrom and returned, then 
six months), immediately preceding the election. ' 

Third. He shall have resided in the election district where he 
shall offer to vote at least two months immediately preceding the 
election. 

Fourth. If twenty-two years of age and upwards, he shall have 
paid within two years a State or county tax, which shall have 
been assessed at least two months and paid at least one month 
before the election. 

Sec. 2. The general election shall be held annually on the 
Tuesday next following the first Monday of November, but the 134 
General Assembly may by law fix a different day, two-thirds of 
all the members of each house consenting thereto. 

Sec. 3. All elections for city, ward, borough and township 
officers, for regular terms of service, shall be on the third Tues- 135 

da Sec. f 4. eb All elections by the citizens shall be by ballot or by 136 


376 


THE AMERICAN CITIZEN 


such other method as may be prescribed by law: Provided, That 
secrecy in voting be preserved. 

Sec. 5. Electors shall in all cases, except treason, felony and 

137 breach or surety of the peace, be privileged from arrest during 
their attendance on elections, and going to and returning there¬ 
from. 

Sec. 6. Whenever any of the qualified electors of this Corn- 

138 monwealth shall be in actual military service, under a requisition 
from the President of the United States, or by the authority of 
this Commonwealth, such electors may exercise the right of suf¬ 
frage in all elections by the citizens, under such regulations as 
are, or shall be, prescribed by law, as fully as if they were pres¬ 
ent at their usual places of election. 

Sec. 7. All laws regulating the holding of elections by the cit- 

139 izens or for the registration of electors shall be uniform through¬ 
out the State, but laws regulating and requiring the registration 
of electors may be enacted to apply to cities only: Provided, 
That such laws be uniform for cities of the same class. 

Sec. 8. Any person who shall give, or promise or offer to 

140 give, to an elector, any money, reward or other valuable consid¬ 
eration for his vote at an election, or for withholding the same, 
or who shall give or promise to give such consideration to any 
other person or party for such elector’s vote or for the with¬ 
holding thereof, and any elector who shall receive or agree to 
receive, for himself or for another, any money, reward or other 
valuable consideration for his vote at an election, or for with¬ 
holding the same, shall thereby forfeit the right to vote at such 
election, and any elector whose right to vote shall be challenged 
for such cause before the election officers, shall be required to 
swear or affirm that the matter of the challenge is untrue before 
his vote shall be received. 

Sec. 9. Any person who shall, while a candidate for office, be 

141 guilty of bribery, fraud, or willful violation of any election law, 
shall be forever disqualified from holding an office of trust or 
profit in this Commonwealth; and any person convicted of willful 
violation of the election laws shall, in addition to any penalties 
provided by law, be deprived of the right of suffrage absolutely 
for a term of four years. 

Sec. 10. In trials of contested elections and in proceedings for 

142 the investigation of elections, no person shall be permitted to 
withhold his testimony upon the ground that it may criminate 
himself or subject him to public infamy; but such testimony shall 
not afterwards be used against him in any judicial proceeding 
except for perjury in giving such testimony. 

Sec. 11. Townships and wards of cities or boroughs, shall 

143 form or be divided into election districts of compact and contig¬ 
uous territory, in such manner as the court of quarter sessions 
of the city or county in which the same are located may direct; 


CONSTITUTION OF PENNSYL VANIA 377 


but districts in cities of over one hundred thousand inhabitants 
shall be divided by the courts of quarter sessions having juris¬ 
diction therein whenever at the next preceding election more 
than two hundred and fifty votes shall have been polled therein; 
and other election districts whenever the court of the proper 
county shall be of opinion that the convenience of the electors 
and the public interests will be promoted thereby. 

Sec. 12. All elections by persons in a representative capacity 144 
shall be viva voce. 

Sec. 13. For the purpose of voting no person shall be deemed 
to have gained a residence by reason of his presence, or lost it by 145 
reason of his absence, while employed in the service, either civil 
or military, of this State or of the United States, nor while en¬ 
gaged in the navigation of the waters of the State or of the 
United States, or on the high seas, nor while a student of any 
institution of learning, nor while kept in any poor-house or other 
asylum at public expense, nor when confined in public prison. 

Sec. 14. District election boards shall consist of a judge and 
two inspectors, who shall be chosen annually by the citizens. 146 
Each elector shall have the right to vote for the judge and one 
inspector, and each inspector shall appoint one clerk. The first 
election board for any new district shall be selected, and vacan¬ 
cies in election boards filled as shall be provided by law. Elec¬ 
tion officers shall be privileged from arrest upon days of elec¬ 
tion, and while engaged in making up and transmitting returns, 
except upon warrant of court of record, or judge thereof, for an 
election fraud, for felony, or wanton breach of the peace. In 
cities they may claim exemption from jury duty during their 
terms of service. 

Sec. 15. No person shall be qualified to serve as an election 
officer who shall hold, or shall within two months have held, an 147 
office, appointment, or employment in or under the government 
of the United States or of this State, or of any city or county, or 
of any municipal board, commission, or trust in any city, save 
only justices of the peace, and aldermen, notaries public, and per¬ 
sons in the militia service of the State; nor shall any election 
officer be eligible to any civil office to be filled at an election at 
which he shall serve, save only to such subordinate municipal or 
local offices, below the grade of city or county offices, as shall 
be designated by general law. 

Sec. 16. The courts of common pleas of the several counties 
of the Commonwealth shall have power, within their respective 148 
jurisdictions, to appoint overseers of election to supervise the 
proceedings of election officers, and to make report to the court 
as may be required; such appointments to be made for any dis¬ 
trict in a city or county upon petition of five citizens, lawful 
voters of such election districts, setting forth that such appoint¬ 
ment is a reasonable precaution to secure the purity and fairness 


378 


THE AMERICAN CITIZEN 


of elections; overseers shall be two in number for an election 
district, shall be residents therein, and shall be persons qualified 
to serve upon election boards, and in each case members of dif¬ 
ferent political parties. Whenever the members of an election 
board shall differ in opinion, the overseers, if they shall be 
agreed thereon, shall decide the question of difference; in ap¬ 
pointing overseers of election, all the law judges of the proper 
court, able to act at the time, shall concur in the appointments 
made. 

Sec.17. The trial and determination of contested elections of 

149 Electors of President and Vice-President, members of tfie Gen¬ 
eral Assembly, and of all public officers, whether State, judicial, 
municipal, or local, shall be by the courts of law, or by one or 
more of the law judges thereof; the General Assembly shall, by 
general law, designate the courts and judges by whom the several 
classes of election contests shall be tried, and regulate the man¬ 
ner of trial, and all matters incident thereto; but no such law 
assigning jurisdiction, or regulating its exercise, shall apply to 
any contest arising out of an election held before its passage. 

ARTICLE IX 
Taxation and Finance 

Sec. 1 . All taxes shall be uniform, upon the same class of sub- 

150 jects, within the territorial limits of the authority levying the 
tax, and shall be levied and collected under general laws; but 
the General Assembly may, by general laws, exempt from tax¬ 
ation public property used for public purposes, actual places of 
religious worship, places of burial not used or held for private or 
corporate profit, and institutions of a purely public charity. 

Sec. 2. All laws exempting property from taxation, other than 

151 the property above enumerated, shall be void. 

Sec. 3. The power to tax corporatons and corporate property 

152 shall not be surrendered or suspended by any contract or grant 
to which the State shall be a party. 

Sec. 4. No debt shall be created by or on behalf of the State, 

153 except to supply casual deficiencies of revenue, repel invasions, 
suppress insurrection, defend the State in war, or to pay existing 
debt; and the debt created to supply deficiencies in revenue shall 
never exceed, in the aggregate at any one time, one million of 
dollars. 

Sec. 5. All laws authorizing the borrowing of money by and 

154 on behalf of the State, shall specify the purpose for which the 
money is to be used, and the money so borrowed shall be used 
for the purpose specified, and no other. 

Sec. 6. The credit of the Commonwealth shall not be pledged 

155 or loaned to any individual, company, corporation or association, 


CONSTITUTION OF PENNSYL VANIA 379 


nor shall the Commonwealth become a joint-owner or stock¬ 
holder in any company, association or corporation. 

Sec. 7. The General Assembly shall not authorize any county, 
city, borough, township, or incorporated district to become a 156 
stockholder in any company, associaton or corporation, or to 
obtain or appropriate money for, or to loan its credit to, any cor¬ 
poration, association, institution, or individual. 

Sec. 8. The debt of any county, city, borough, township, 
school district, or other municipality or incorporated district, 157 
except as herein provided, shall never exceed seven per centum 
upon the assessed value of the taxable property therein, nor shall 
any such municipality or district incur any new debt, or increase 
its indebtedness to an amount exceeding two per centum upon 
such assessed valuation of property, without the assent of the 
electors thereof at a public election in such manner as shall be 
provided by law; but any city, the debt of which now exceeds 
seven per centum of such assessed valuation, may be authorized 
by law to increase the same three per centum, in the aggregate 
at any one time, upon such valuation. 

Sec. 9. The Commonwealth shall not assume the debt, or any 
part thereof, of any city, county, borough, or township, unless 158 
such debt shall have been contracted to enable the State to repel 
invasion, suppress domestic insurrection, defend itself in time of 
war, or to assist the State in the discharge of any portion of its 
present indebtedness. 

Sec. 10. Any county, township, school district, or other mu¬ 
nicipality, incurring any indebtedness, shall, at or before the time 159 
of so doing, provide for the collection of an annual tax, sufficient 
to pay the interest, and also the principal thereof within thirty 
years. 

Sec. 11 . To provide for the payment of the present State debt, 
and any additional debt contracted as aforesaid, the General As- 160 
sembly shall continue and maintain the sinking fund sufficient to 
pay the accruing interest on such debt, and annually to reduce 
the principal thereof by a sum not less than two hundred and 
fifty thousand dollars; the said sinking fund shall consist of the 
proceeds of the sales of public works, or any part thereof, and 
of the income or proceeds of the sale of any stocks owned by the 
Commonwealth, together wth other funds and resources that 
may be designated by law, and shall be increased from time to 
time by assigning to it any part of the taxes, or other revenues 
of the State, not required for the ordinary and current expenses 
of government; and unless in case of war, invasion or insurrec¬ 
tion, no part of the said sinking fund shall be used or applied 
otherwise than in the extinguishment of the public debt. 

Sec. 12. The moneys of the State, over and above the neces¬ 
sary reserve, shall be used in the payment of the debt of the 161 
State, either directly or through the sinking fund, and the mon- 


380 


THE AMERICAN CITIZEN 


eys of the sinking fund shall never be invested in or loaned upon 
the security of anything, except the bonds of the United States, 
or of this State. 

Sec. 13. The moneys held as necessary reserve shall be limit- 

162 ed by law to the amount required for current expenses, and shall 
be secured and kept as may be provided by law. Monthly state¬ 
ments shall be published, showing the amount of such moneys, 
where the same are deposited and how secured. 

Sec. 14. The making of profit out of the public moneys, or 

163 using the same for any purpose not authorized by law, by any 
officer of the State, or member or officer of the General Assem¬ 
bly, shall be a misdemeanor, and shall be punished as may be 
provided by law, but part of such punishment shall be disqualifi¬ 
cation to hold office for a period of not less than five years. 

ARTICLE X 

Education 

Sec. 1 . The General Assembly shall provide for the mainten- 

164 ance and support of a thorough and efficient system of public 
schools, wherein all the children of this Commonwealth, above 
the age of six years, may be educated, and shall appropriate at 
least one million dollars each year for that purpose. 

Sec. 2. No money raised for the support of the public schools 

165 of the Commonwealth, shall be appropriated to, or used for, the 
support of any sectarian school. 

Sec. 3. Women twenty-one years of age and upwards shall be 

166 eligible to any office of control or management under the school 
laws of this State. 


ARTICLE XI 

Militia 

Sec. 1 . The freemen of this Commonwealth shall be armed, 
167 organized and disciplined for its defense, when, and in such 
manner as may be directed by law. The General Assembly shall 
provide for maintaining the militia, by appropriations from the 
treasury of the Commonwealth, and may exempt from military 
service persons having conscientious scruples against bearing 
arms. 


ARTICLE XII 

Public Officers 

168 Sec. 1 . All officers, whose election is not provided for in this 


CONSTITUTION OF PENNSYL VANIA 381 


Constitution, shall be elected or appointed, as may be directed 
by law. 

Sec. 2. No member of Congress from this State, nor any per¬ 
son holding or exercising any office or appointment of trust or 169 
profit under the United States, shall at the same time hold or 
exercise any office in this State to which a salary, fees, or per¬ 
quisites shall be attached: The General Assembly may by law 
declare what offices are incompatible. 

Sec. 3. Any person who shall fight a duel, or send a challenge 
for that purpose, or be aider or abettor in fighting a duel, shall 170 
be deprived of the right of holding any office of honor or profit 
in this State, and may be otherwise punished as shall be pre¬ 
scribed by law. 

ARTICLE XIII 

New Counties 

Sec. 1 . No new county shall be established which shall reduce 
any county to less than four hundred square miles, or to less 171 
than twenty thousand inhabitants, nor shall any county be 
formed of less area, or containing a less population; nor shall 
any line thereof pass within ten miles of the county seat of any 
county proposed to be divided. 

ARTICLE XIV 

County Officers 

Sec. 1 . County officers shall consist of sheriffs, coroners, pro- 
thonotaries, registers of wills, recorders of deeds, commission- 172 
ers, treasurers, surveyors, auditors or controllers, clerks of the 
courts, district attorneys, and such others as may from time to 
time be established by law; and no sheriff or treasurer shall be 
eligible for the term next succeeding the one for which he may 
be elected. 

Sec. 2. County officers shall be elected at the general elec¬ 
tions, and shall hold their offices for the term of three years be- 173 
ginning on the first Monday of January next after their election, 
and until their successors shall be duly qualified; all vacancies 
not otherwise provided for, shall be filled in such manner as may 
be provided by law. 

Sec. 3. No person shall be appointed to any office within any 
county, who shall not have been a citizen and an inhabitant 174 
therein one year next before his appointment, if the county shall 
have been so long erected, but if it shall not have been so long 
erected, then within the limits of the county or counties out of 
which it shall have been taken. 


382 


THE AMERICAN CITIZEN 


Sec. 4. Prothonotaries, clerks of the courts, recorders of 

175 deeds, registers of wills, county surveyors, and sheriffs, shall 
keep their offices in the county town of the county in which 
they respectively shall be officers. 

Sec. 5. The compensation of county officers shall be regulated 

176 by law, and all county officers who are or may be salaried shall 
pay all fees which they may be authorized to receive, into the 
treasury of the county or State, as may be directed by law. In 
counties containing over one hundred and fifty thousand inhabi¬ 
tants all county officers shall be paid by salary, and the salary of 
any such officer and his clerks, heretofore paid by fees, shall not 
exceed the aggregate amount of fees earned during his term and 
collected by or for him. 

Sec. 6. The General Assembly shall provide by law for the 

177 strict accountability of all county, township and borough offi¬ 
cers, as well as for the fees which may be collected by them, as 
for all public or municipal moneys which may be paid to them. 

Sec. 7. Three county commissioners and three county audit- 

178 ors shall be elected in each county where such officers are cho¬ 
sen, in the year one thousand eight hundred and seventy-five 
and every third year thereafter; and in the election of said offi¬ 
cers each qualified elector shall vote for no more than two per¬ 
sons, and the three persons having the highest number of votes 
shall be elected; any casual vacancy in the office of county com¬ 
missioner or county auditor shall be filled by the court of com¬ 
mon pleas of the county in which such vacancy shall occur, by 
the appointment of an elector of the proper county who shall 
have voted for the commissioner or auditor whose place is to be 
filled. 


ARTICLE XV 
Cities and City Charters 

Sec. 1 . Cities may be chartered whenever a majority of the 

179 electors of any town or borough having a population of at least 
ten thousand shall vote at any'general election in favor of the 
same. 

Sec. 2. No debt shall be contracted or liability incurred by 

180 any municipal commission, except in pursuance of an appropria¬ 
tion previously made therefor by the municipal government. 

Sec. 3. Every city shall create a sinking fund, which shall be 

181 inviolably pledged for the payment of its funded debt. 

ARTICLE XVI 

Private Corporations 

182 Sec. 1. All existing charters, or grants of special or exclusive 


CONSTITUTION OF PENNSYL VANIA 383 


privileges, under which a bona fide organization shall not have 
taken place and business commenced in good faith, at the time of 
the adoption of this Constitution, shall thereafter have no validi¬ 
ty. 

Sec. 2. The General Assembly shall not remit the forfeiture 
of the charter of any corporation now existing, or alter or amend 183 
the same, or pass any other general or special law for the benefit 
of such corporation, except upon the condition that such corpor¬ 
ation shall thereafter hold its charter subject to the provisions of 
this Constitution. 

Sec. 3. The exercise of the right of eminent domain shall nev¬ 
er be abridged or so construed as to prevent the General Assem- 184 
bly from taking the property and franchises of incorporated 
companies, and subjecting them to public use, the same as the 
property of individuals; and the exercise of the police power of 
the State shall never be abridged or so construed as to permit 
corporations to conduct their business in such manner as to in¬ 
fringe the equal rights of individuals or the general well-being 
of the State 

Sec. 4. In all elections for directors or managers of a cor¬ 
poration each member or shareholder may cast the whole num- 185 
ber of his votes for one candidate, or distribute them upon two 
or more candidates, as he may prefer. 

Sec. 5. No foreign corporation shall do any business in this 
State without having one or more known places of business and 186 
an authorized agent or agents in the same upon whom process 
may be served. 

Sec. 6. No corporation shall engage in any business other 
than that expressly authorized in its charter, nor shall it take or 187 
hold any real estate except such as may be necessary and proper 
for its legitimate business. 

Sec. 7. No corporation shall issue stocks or bonds except for 
money, labor done, or money or property actually received; and 188 
all fictitious increase of stock or indebtedness shall be void. The 
stock and indebtedness of corporations shall not be increased ex¬ 
cept in pursuance of general law, nor without the consent of the 
persons holding the larger amount in value of the stock first ob¬ 
tained at a meeting to be held after sixty days notice given in 
pursuance of law. 

Sec. 8. Municipal and other corporations and individuals in¬ 
vested with the privilege of taking private property for public 189 
use shall make just compensation for property taken, injured or 
destroyed by the construction or enlargement of their works, 
highways or improvements, which compensation shall be paid or 
secured before such taking, injury, or destruction. The General 
Assembly is hereby prohibited from depriving any person of an 
appeal from any preliminary assessment of damages against any 
such corporations or individuals made by viewers or otherwise; 


3*4 


THE AMERICAN CITIZEN 


and the amount of such damages in all cases of appeal shall, on 
the demand of either party, be determined by a jury, according 
to the course of the common law. 

Sec. 9. Every banking law shall provide for the registry and 

190 countersigning, by an officer of the State, of all notes or bills 
designed for circulation, and that ample security to the full 
amount thereof shall be deposited with the auditor-general for 
the redemption of such notes or bills. 

Sec. 10. The General Assembly shall have the power to alter, 

191 revoke or annul any charter of incorporation now existing 
and revocable at the adoption of this Constitution, or any that 
may hereafter be created, whenever, in their opinion it may be 
injurious to the citizens of this Commonwealth, in such manner, 
however, that no injustice shall be done to the corporators. No 
law hereafter enacted shall create, renew or extend the charter 
of more than one corporation. 

Sec. 11. No corporate body to possess banking and discount- 

192 ing privileges shall be created or organized in pursuance of any 
law without three months’ previous public notice, at the place of 
the intended location, of the intention to apply for such privi¬ 
leges, in such manner as shall be prescribed by law, nor shall a 
charter for such privilege be granted for a longer period than 
twenty years. 

Sec. 12. Any association or corporation, organized for the 

193 purpose, or any individual, shall have the right to construct and 
maintain lines of telegraph within this State, and to connect the 
same with other lines, and the General Assembly shall, by 
general law of uniform operation, provide reasonable regulations 
to give full effect to this section. No telegraph company shall 
consolidate with, or hold a controlling interest in, the stock or 
bonds of any other telegraph company owning a competing line 
or acquire, by purchase or otherwise, any other competing line 
of telegraph. 

Sec. 13. The term “corporations,” as used in this article, shall 

194 be construed to include all joint-stock companies or associations 
having any of the powers, or privileges of corporations, not pos¬ 
sessed by individuals or partnerships. 

ARTICLE XVII 

Railroads and Canals 

Sec. 1 . All railroads and canals shall be public highways, and 

195 all railroad and canal companies shall be common carriers. Any 
association or corporation, organized for the purpose, shall have 
the right to construct and operate a railroad between any points 
within this State, and to connect at the State line with railroads 
of other States. Every railroad company shall have the right 


CONSTITUTION OF PENNSYL VANIA 385 


with its road to intersect, connect with, or cross, any other rail¬ 
road; and shall receive and transport each the other’s passen¬ 
gers, tonnage, and cars, loaded or empty, without delay or dis¬ 
crimination. 

Sec. 2. Every railroad and canal corporation organized in this 
State, shall maintain an office therein, where transfers of its 196 
stock shall be made, and where its books shall be kept for inspec¬ 
tion by any stockholder or creditor of such corporation, in which 
shall be recorded the amount of capital stock subscribed, or paid 
in, and by whom, the names of the owners of its stock, and the 
amounts owned by them, respectively, the transfers of said stock, 
and the names and places of residence of its officers. 

Sec. 3. All individuals, associations, and corporations shall 
have equal right to have persons and property transported over 197 
railroads and canals, and no undue or unreasonable discrimina¬ 
tion shall be made in charges for, or in facilities for, transporta¬ 
tion of freight or passengers within this State, or coming from 
or going to any other State. Persons and property transported 
over any railroad, shall be delivered at any station, at charges 
not exceeding the charges for transportation of persons and 
property of the same class, in the same direction, to any more 
distant station; but excursion and commutation tickets may be 
issued at special rates. 

Sec. 4. No railroad, canal, or other corporation, or the lessees, 
purchasers, or managers of any railroad or canal corporation, 198 
shall consolidate the stock, property, or franchises of such cor¬ 
poration with, or lease or purchase the works, or franchises of, 
or in any way control any other railroad or canal corporation, 
owning, or having under its control, a parallel or competing line; 
nor shall any officer of such railroad or canal corporation act as 
an officer of any other railroad or canal corporation, owning, or 
having the control of a parallel or competing line; and the ques¬ 
tion whether railroads or canals are parallel or competing lines 
shall, when demanded by the party complainant, be decided by a 
jury as in other civil issues. 

Sec. 5. No incorporated company doing the business of a 
common carrier shall, directly or indirectly, prosecute or engage 199 
in mining or manufacturing articles for transportation over its 
works; nor shall such company, directly or indirectly, engage in 
any other business than that of common carriers, or hold or ac¬ 
quire lands, freehold or leasehold, directly or indirectly, except 
such as shall be necessary for carrying on its business; but any 
mining or manufacturing company may carry the products of its 
mines and manufactories on its railroad or canal not exceeding 
fifty miles in length. 

Sec. 6. No president, director, officer, agent, or employe of 
any railroad or canal company shall be interested, directly or in- 200 
directly, in the furnishing of material or supplies to such com¬ 
pany, or in the business of transportation as a common carrier 
of freight or passengers over the works owned, leased, con¬ 
trolled, or worked by such company. 


386 


THE AMERICAN CITIZEN 


Sec. 7. No discrimination in charges or facilities for trans- 

201 portation shall be made between transportation companies and 
individuals, or in favor of either, by abatement, drawback, or 
otherwise, and no railroad or canal company, or any lessee, 
manager, or employe thereof, shall make any preferences in 
furnishing cars or motive power. 

Sec. 8. No railroad, railway, or other transportation company 

202 shall grant free passes, or passes at a discount, to any person ex¬ 
cept officers or employes of the company. 

Sec. 9. No street passenger railway shall be constructed with- 

203 in the limits of any city, borough or township, without the con¬ 
sent of its local authorities. 

Sec. 10. No railroad, canal, or other transportation company, 

204 in existence at the time of the adoption of this article, shall have 
the benefit of any future legislation by general or special laws, 
except on condition of complete acceptance of all the provisions 
of this article. 

Sec. 11. The existing powers and duties of the auditor-general 
205 in regard to railroads, canals and other transportation com¬ 
panies, except as to their accounts, are hereby transferred to the 
secretary of internal affairs, who shall have a general supervision 
over them, subject to such regulations and alterations as shall be 
provided by law: and in addition to the annual reports now re¬ 
quired to be made, said secretary may require special reports at 
any time upon any subject relating to the business of said com¬ 
panies from any officer or officers thereof. 

Sec. 12. The General Assembly shall enforce by appropriate 

206 legislation the provisions of this article. 

ARTICLE XVIII 

Future Amendments 

Sec. 1 . Any amendment or amendments to this Constitution 

207 may be proposed in the senate or house of representatives; and 
if the same shall be agreed to by a majority of the members 
elected to each house, such proposed amendment or amend¬ 
ments shall be entered on their journals with the yeas and nays 
taken thereon, and the secretary of the Commonwealth shall 
cause the same to be published three months before the next 
general election, in at least two newspapers in every county in 
which such newspapers shall be published; and if, in the General 
Assembly next afterwards chosen, such proposed amendment or 
amendments shall be agreed to by a majority of the members 
elected to each house, the secretary of the Commonwealth shall 
cause the same again to be published in the manner aforesaid; 
and such proposed amendment or amendments shall be submit¬ 
ted to the qualified electors of the State in such manner and at 
such time, at least three months after being so agreed to by the 
two houses, as the General Assembly shall prescribe; and, if 


CONSTITUTION OF PENNSYL VANIA 387 


such amendment or amendments shall be approved by a ma¬ 
jority of those voting thereon, such amendment or amendments 
shall become a part of the Constitution; but no amendment or 
amendments shall be submitted oftener than once in five years. 
When two or more amendments shall be submited they shall be 
voted upon separately. 


Three amendments to Article VIII were ratified by the people 
November 5, 1901, and have been inserted in their proper place 
in the Constitution as given above. These sections formerly read 
as follows:— 

Sec. 1 . Every male citizen twenty-one years of age possessing 
the following qualifications shall be entitled to vote at all elec- 208 
tions: First. He shall have been a citizen of the United States 
at least one month. Second. He shall have resided in the State 
one year (or if having previously been a qualified elector or 
native-born citizen of the State, he shall have removed there¬ 
from and returned, then six months) immediately preceding the 
election. Third. He shall have resided in the election district 
where he shall offer to vote at least two months immediately pre¬ 
ceding the election. Fourth. If twenty-two years of age or up¬ 
wards he shall have paid within two years a State or county tax,’ 
which shall have been assessed at least two months and paid at 
least one month before the election. 

Sec. 4. All elections by the citizens shall be by ballot. Every 
ballot voted shall be numbered in the order in which it shall be 209 
received, and the numbers recorded by the election officers on 
the list of voters, opposite the name of the elector who presents 
the ballot. Any elector may write his name upon his ticket, or 
cause the same to be written thereon and attested by a citizen of 
the district. The election officers shall be sworn or affirmed not 
to disclose how any elector shall have voted unless required to 
do so as witnesses in a judicial proceeding. 

Sec. 7. All laws regulating the holding of elections by the cit¬ 
izens or for the registration of electors shall be uniform through- 210 
out the State, but no elector shall be deprived of the privilege of 
voting by reason of his name not being registered. 



3 88 


THE AMERICAN CITIZEN 


CONSTITUTION OF THE UNITED STATES 


PREAMBLE 

“We, the People of the United States, in order to form a more 
A perfect union, establish justice, insure domestic tranquillity, pro¬ 
vide for the common defense, promote the general welfare, and 
secure the blessings of liberty to ourselves and our posterity, do 
ordain and establish this Constitution for the United States of 
America.” 


ARTICLE I 

> Sec. 1 . All Legislative powers herein granted shall be vested 

* in a Congress of the United States, which shall consist of a Sen¬ 
ate and House of Representatives. 

"* Sec. 2. The House of Representatives shall be composed of 
members chosen every second year by the people of the several 

1 States, and the electors in each State shall have the qualifica¬ 
tions requisite for electors of the most numerous branch of the 
State Legislature. 

No person shall be a Representative who shall not have at- 

2 tained to the age of twenty-five years, and been seven years a 
citizen of the United States, and who shall not, when elected, be 
an inhabitant of that State in which he shall be chosen. 

Representatives and direct taxes shall be apportioned among 

3 the several States which may be included within this Union, ac¬ 
cording to their respective numbers, which shall be determined 
by adding to the whole number of free persons, including those 
bound to service for a term of years, and excluding Indians not 
taxed, three-fifths of all other persons. The actual enumeration 
shall be made within three years after the first meeting of the 
Congress of the United States, and within every subsequent term 
of ten years, in such manner as they shall by law direct. The 
number of Representative shall not exceed one for every thirty 
thousand, but each State shall have at least one Representative; 
and until such enumeration shall be made, the State of New 
Hampshire shall be entitled to choose three; Massachusetts, 
eight; Rhode Island and Providence Plantations, one; Connec¬ 
ticut, five; New York, six; New Jersey, four; Pennsylvania, 



CONSTITUTION OF THE UNITED STATES 389 


eight; Delaware, one; Maryland, six; Virginia, ten; North Car¬ 
olina, five; South Carolina, five; and Georgia, three. 

When vacancies happen in the representation from any State, 
the executive authority thereof shall issue writs of election to fill 4 
such vacancies. 

The House of Representatives shall choose their Speaker, and 5 
other officers; and shall have the sole power of impeachment. 

Sec. 3. The Senate of the United States shall be composed of 
two Senators from each State, chosen by the Legislature there¬ 
of, for six years; and each Senator shall have one vote. 1 

Immediately after they shall be assembled in consequence of 
the first election, they shall be divided as equally as may be into 2 
three classes. The seats of the Senators of the first class shall 
be vacated at the expiration of the second year; of the second 
class, at the expiration of the fourth year; of the third class, at 
t’he expiration of the sixth year, so that one-third may be chosen 
every second year; and if vacancies happen by resignation, or 
otherwise, during the recess of the Legislature of any State, the 
executive thereof may make temporary appointments until the 
next meeting of the Legislature, which shall then fill such vacan¬ 
cies. 

No person shall be a Senator who shall not have attained to 
the age of thirty years, and been nine years a citizen of the Uni- 3 
ted States, and who shall not, when elected, be an inhabitant of 
that State for which he shall be chosen. 

The Vice-President of the United States shall be President of 
the Senate, but shall have no vote, unless they be equally divided. 4 

The Senate shall choose their other officers, and also a Presi¬ 
dent pro tempore, in the absence of the Vice-President, or when 5 
he shall exercise the office of President of the United States. 

The Senate shall have the sole power to try all impeachments. 
When sitting for that purpose, they shall be on oath or affirma- 6 
tion. When the President of the United States is tried, the Chief 
Justice shall preside; and no person shall be convicted without 
the concurrence of two-thirds of the members present. 

Judgment in cases of impeachment shall not extend further 
than to removal from office, and disqualification to hold and en- 7 
joy any office of honor, trust, or profit under the United States; 
but the party convicted shall nevertheless be liable and subject 
to indictment, trial, judgment, and punishment, according to law. 

Sec. 4. The times, places, and manner of holding elections for £ 
Senators and Representatives shall be prescribed in each State 
by the Legislature thereof; but the Congress may at any time, 1 
by law, make or alter such regulations, except as to the places 
of choosing Senators. 

The Congress shall assemble at least once in every year, and 
such meeting shall be on tne first Monday in December, unless 2 
they shall by law appoint a different day. 


390 


THE AMERICAN CITIZEN 


p Sec. 5. Each house shall be the judge of the elections, re¬ 
turns, and qualifications of its own members, and a majority of 

1 each shall constitute a quorum to do business; but a smaller 
number may adjourn from day to day, and may be authorized to 
compel the attendance of absent members, in such manner, and 
under such penalties, as each house may provide. 

Each house may determine the rules of its proceedings, punish 
its members for disorderly behavior, and, with the concurrence 

2 of two-thirds, expel a member. 

Each house shall keep a journal of its proceedings, and from 

3 time to time publish the same, excepting such parts as may in 
their judgment require secrecy; and the yeas and nays of the 
members of either house on any question shall, at the desire of 
one-fifth of those present, be entered on the journal. 

Neither house, during the session of Congress, shall, without 

4 the consent of the other, adjourn for more than three days, nor 
to any other place than that in which the two houses shall be sit¬ 
ting. 

Q Sec. 6. The Senators and Representatives shall receive a com¬ 
pensation for their services, to be ascertained by law, and paid 

1 out of the Treasury of the United States. They shall in all cases, 
except treason, felony, and breach of the peace, be privileged 
from arrest during their attendance at the session of their re¬ 
spective houses, and in going to and returning from the same; 
and for any speech or debate in either house, they shall not be 
questioned in any other place. 

No Senator or Representative shall, during the time for which 

2 he was elected, be appointed to any civil office under the author¬ 
ity of the United States, which shall have been created, or the 

• emoluments whereof shall have been increased, during such time; 
and no person holding any office under the United States, shall 
be a member of either house during his continuance in office. 

H. Sec. 7. All bills for raising revenue shall originate in the 
House of Representatives; but the Senate may propose or con- 

1 cur with amendments as in other bills. 

Every bill which shall have passed the House of Representa- 

2 tives and the Senate, shall, before it becomes a law, be presented 
to the President of the United States; if he approve, he shall 
sign it, but if not, he shall return it, with his objections, to that 
house in which it shall have originated, who shall enter the ob¬ 
jections at large on their journal, and proceed to reconsider it. 
If after such reconsideration, two-thirds of that house shall 
agree to pass the bill, it shall be sent, together with the objec¬ 
tions, to the other house, by which it shall likewise be reconsid¬ 
ered, and if approved by two-thirds of that house, it shall become 
a law. But in such cases the votes of both houses shall be de¬ 
termined by yeas and nays, and the names of the persons voting 


CONSTITUTION OF THE UNITED STATES 391 


for and against the bill shall be entered on the journal of each 
house respectively. If anv bill shall not be returned by the Pres¬ 
ident within ten days (Sundays excepted) after it shall have been 
presented to him, the same shall be a law, in like manner as if 
he had signed it, unless the Congress by their adjournment pre¬ 
vent its return, in which case it shall not be a law. 

Every order, resolution, or vote to which the concurrence of 
the Senate and House of Representatives may be necessary (ex¬ 
cept on a question of adjournment) shall be presented to the 
President of the United States; and before the same shall take 
effect, shall be aproved by him, or being disapproved by him, 
shall be repassed by two-thirds of the Senate and House of Rep¬ 
resentatives, according to the rules and limitations prescribed in 
the case of a bill. 

Sec. 8. The Congress shall have power to lay and collect 
taxes, duties, imposts, and excises, to pay the debts and provide 
for the common defense and general welfare of the United 
States; but all duties, imposts, and excises shall be uniform 
throughout the United States; 

To borrow money on the credit of the United States; 

To regulate commerce with foreign nations, and among the 
several States, and with the Indian tribes; 

To establish a uniform rule of naturalization, and uniform 
laws on the subject of bankruptcies throughout the United 
States; 

To coin money, regulate the value thereof, and of foreign coin, 
and fix the standard of weights and measures; 

To provide for the punishment of counterfeiting the securities 
and current coin of the United States; 

To establish post-offices and post-roads; 

To promote the progress of science and useful arts, by secur¬ 
ing, for limited times, to authors and inventors the exclusive 
right to their respective writings and discoveries; 

To constitute tribunals inferior to the Supreme Court; 

To define and punish piracies and felonies committed on the 
high seas, and offences against the law of nations; 

To declare war, grant letters of marque and reprisal, and make 
rules concerning captures on land and water; 

To raise and support armies, but no appropriation of money 
to that use shall be for a longer term than two years; 

To provide and maintain a navy; 

To make rules for the government and regulation of the land 
and naval forces; 

To provide for calling forth the militia to execute the laws of 
the Union, suppress insurrections, and repel invasions; 

To provide for organizing, arming, and disciplining the militia, 
and for governing such part of them as may be employed in the 
service of the United States, reserving to the States respectively 


3 

I 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 


392 


THE AMERICAN CITIZEN 


the appointment of the officers, and the authority of training 
the militia according to the discipline prescribed by Congress; 

To exercise exclusive legislation in all cases whatsoever over 

17 such district (not exceeding ten miles square) as may, by ces¬ 
sion of particular States, and the acceptance of Congress, become 
the seat of the government of the United States; and to exer¬ 
cise like authority over all places purchased by the consent of 
the Legislature of the State in which the same shall be, for the 
erection of forts, magazines,' arsenals, dockyards, and other need¬ 
ful buildings;—and 

To make all laws which shall be necessary and proper for car- 

18 rying into execution the foregoing powers, and all other powers 
vested by this Constitution in the government of the United 
States, or in any department or officer thereof. 

Sec. 9. The migration or importation of such persons as any 

T of the States now existing shall think proper to admit, shall not 

' be prohibited by the Congress prior to the year one thousand 

1 eight hundred and eight, but a tax or duty may be imposed on 
such importation, not exceeding ten dollars for each person. 

The privilege of the writ of habeas corpus shall not be sus- 

2 pended, unless when in cases of rebellion or invasion the public 
safety may require it. 

3 No bill of attainder or ex-post-facto law shall be passed. 

4 No capitation or other direct tax shall be laid, unless in pro¬ 
portion to the census or enumeration herein before directed to 
be taken. 

6 No tax or duty shall be laid on articles exported from any 
State. 

No preference shall be given by any regulation of commerce 

6 or revenue to the ports of one State over those of another; nor 
shall vessels bound to, or from, one State, be obliged to enter, 
clear, or pay duties in another. 

No money shall be drawn from the Treasury but in conse- 

7 quence of appropriations made by law; and a regular statement 
and account of the receipts and expenditures of all public money 
shall be published from time to time. 

No title of nobility shall be granted by the United States; 

8 and no person holding any office of profit or trust under them, 
shall, without the consent of the Congress, accept of any present, 
emolument, office, or title, of any kind whatever, from any king, 
prince, or foreign state. 

K, Sec. 10. No State shall enter into any treaty, alliance, or con¬ 
federation; grant letters of marque and reprisal; coin money; 

1 emit bills of credit; make anything but gold and silver coin a 
tender in payment of debts; pass any bill of attainder, ex-post- 
facto law, or law impairing the obligation of contracts, or grant 
any title of nobility. 

2 No State shall, without the consent of the Congress, lay any 


CONSTITUTION OF THE UNITED STATES 393 


impost or duties on imports or exports, except what may be ab¬ 
solutely necessary for executing its inspection laws; and the 
net produce of all duties and impost, laid by any State on im¬ 
ports or exports, shall be for the use of the Treasury of the 
United States; and all such laws shall be subject to the re¬ 
vision and control of the Congress. 

No State shall, without the consent of Congress, lay any duty 
of tonnage, keep troops, or ships-of-war, in time of peace, enter 3 
into any agreement or compact with another State, or with a for¬ 
eign power, or engage in war, unless actually invaded, or in such 
imminent danger as will not admit of delay. 

ARTICLE II 

Sec. 1 . The Executive power shall be vested in a President of 
the United States of America. He shall hold his office during a 
term of four years, and, together with the Vice-President, chosen 1 
for the same term, be elected as follows: 

Each State shall appoint, in such manner as the Legislature 
thereof may direct, a number of Electors, equal to the whole 2 
number of Senators and Representatives to which the State may 
be entitled in the Congress; but no Senator or Representative, 
or person holding any office of trust or profit under the United 
States, shall be appointed an Elector. 

[The Electors shall meet in their respective States, and vote 
by ballot for two persons, of whom one at least shall not be an 
inhabitant of the same State with themselves. And they shall 
make a list of all the persons voted for, and of the number of 
votes for each; which list they shall sign and certify, and trans¬ 
mit sealed to the seat of the government of the United States, 
directed to the President of the Senate. The President of the 
Senate shall, in the presence of the Senate and House of Rep¬ 
resentatives, open all the certificates, and the votes shall then be 
counted. The person having the greatest number of votes shall 
be the President, if such number be a majority of the whole 
number of Electors appointed; and if there be more than one 
who have such majority, and have an equal number of votes, 
then the House of Representatives shall immediately choose by 
ballot one of them for President; and if no person have a ma¬ 
jority, then from the five highest on the list the said House 
shall, in like manner, choose the President. But in choosing the 
President, the votes shall be taken by States, the representation 
from each State having one vote; a quorum for this purpose 
shall consist of a member or members from two-thirds of the 
States, and a majority of all the States shall be necessary to a 
choice'. In every case, after the choice of the President, the 
person having the greatest number of votes of the Electors shall 
be the Vice-President. But if there should remain two or more 


394 


THE AMERICAN CITIZEN 


who have equal votes, the Senate shall choose from them by bal¬ 
lot the Vice-President.] Repealed by Am. 12. 

The Congress may determine the time of choosing the Elec- 

3 tors, and the day on which they shall give their votes; which 
day shall be the same throughout the United States. 

No person except a natural-born citizen, or a citizen of the 

4 United States at the time of the adoption of this Constitution, 
shall be eligible to the office of President; neither shall any per¬ 
son be eligible to that office who shall not have attained to the 
age of thirty-five years, and been fourteen years a resident with¬ 
in the United States. 

In case of the removal of the President from office, or of his 

5 death, resignation, or inability to discharge the powers and du¬ 
ties of the sdid office, the same shall devolve on the Vice-Presi¬ 
dent, and the Congress may by law provide for the case of re¬ 
moval, death, resignation, or inability, both of the President and 
Vive-President, declaring what officer shall then act as Presi¬ 
dent; and such officer shall act accordingly until the disability 
be removed, or a President shall be elected. 

The President shall, at stated times, receive for his services a 

6 compensation, which shall neither be increased nor diminished 
during the period for which he shall have been elected, and he 
shall not receive within that period any other emolument from 
the United States, or any of them. 

Before he enter on the execution of his office, he shall take 

7 the following oath or affirmation:—“I do solemnly swear (or 
affirm) that I will faithfully execute the office of President of 
the United States, and will, to the best of my ability, preserve, 
protect, and defend the Constitution of the United States.” 

M Sec. 2. The President shall be Commander-in-chief of the 
army and navy of the United States, and of the militia of the 

1 several States, when called into the actual service of the United 
States; he may require the opinion, in writing, of the principal 
officer in each of the executive departments, upon anv subject 
relating to the duties of their respective offices; and he shall 
have power to grant reprieves and pardons for offenses against 
the United States, except in cases of impeachment. 

He shall have power, by and with the advice and consent of 

2 the Senate, to make treaties, provided two-thirds of the Senators 
present concur; and he shall nominate, and by and with the ad¬ 
vice and consent of the Senate shall appoint ambassadors, other 
public ministers, and consuls, judges of the Supreme Court, and 
all other officers of the United States, whose appointments are 
not herein otherwise provided for, and which shall be established 
by law; but the Congress may by law vest the appointment of 
such inferior officers, as they think proper, in the President 
alone, in the courts of law, or in the heads of departments. 

3 The President shall have power to fill up all vacancies that 


CONSTITUTION OF THE UNITED ST A TES 595 


may happen during the recess of the Senate, bv granting com- 
missions which shall expire at the end of their next session. 

Sec. 3. He shall from time to time give to the Congress in¬ 
formation of the state of the Union, and recommend to their pj 
consideration such measures as he shall judge necessary and ex¬ 
pedient; he may, on extraordinary occasions, convene both 
houses, or either of them, and in case of disagreement between 
them with respect to the time of adjournment, he may adjourn 
them to such time as he shall think proper; he shall receive 
ambassadors and other public ministers; he shall take care that 
the laws be faithfully executed, and shall commission all the 
officers of the United States. 

Sec. 4. The President, Vice-President, and all civil officers of 
the United States, shall be removed from office on impeachment Q 
for, and conviction of, treason, bribery, or other high crimes and 
misdemeanors. 


ARTICLE HI 

Sec. 1 . The judicial power of the United States shall be vest¬ 
ed in one Supreme Court, and in such inferior courts as the Con- p 
gress may from time to time ordain and establish. The judges, 
both of the Supreme and inferior courts, shall hold their offices 
during good behavior, and shall, at stated times, receive for their 
services a compensation, which shall not be diminished during 
their continuance in office. 

Sec. 2. The judicial power shall extend to all cases, in law 
and equity, arising under this Constitution, the laws of the Uni- 
ted States, and treaties made, or which shall be made, under 1 
their authority;—to all cases affecting ambassadors, other public 
ministers, and consuls;—to all cases of admiralty and maritime 
jurisdiction;—to controversies to which the United States shall 
be a party;—to controversies between two or more States,— 
between a State and citizens of another State,—between citizens 
of different States,—between citizens of the same State claiming 
lands under grants of different States,—and between a State, or 
the citizens thereof, and foreign states, citizens,_ or subjects. 

In all cases affecting ambassadors, other public ministers, and 
consuls! and those in which a State shall be a party, the Supreme 2 
Court shall have original jurisdiction. In all the other cases be¬ 
fore mentioned, the Supreme Court shall have appellate jurisdic¬ 
tion, both as to law and fact, with such exceptions and under 
such regulations as the Congress shall make. 

The trial of all crimes, except in cases of impeachment, shall 
be by jury; and such trial shall be held in the State where the 3 
said crimes shall have been committed; but when not com¬ 
mitted within any State, the trial shall be at such place or places 
as the Congress may by law have directed. 


396 


THE AMERICAN CITIZEN 


Sec. 3. Treason against the United States shall consist only in 
levying war against them, or in adhering to their enemies, giving 
them aid and comfort. 

No person shall be convicted of treason unless on the testi- 

1 mony of two witnesses to the same overt act, or on confession 
in open court. 

The Congress shall have power to declare the punishment of 

2 treason, but no attainder of treason shall work corruption of 
blood, or forfeiture, except during the life of the person attainted. 

ARTICLE IV 

Sec. 1. Full faith and credit shall be given in each State to 
^ the public acts, records, and judicial proceedings of every other 
State. And the Congress may by general laws prescribe the 
manner in which such acts, records, and proceedings shall be 
proved, and the effect thereof. 

1 Sec. 2. The citizens of each State shall be entitled to all priv- 

1 ileges and immunities of citizens in the several States. 

A person charged in any State with treason, felony, or other 

2 crime, who shall flee from justice, and be found in another State, 
shall, on demand of the executive authority of the State from 
which he fled, be delivered up, to be removed to the State having 
jurisdiction of the crime. 

No person held to service or labor in one State, under the laws 

3 thereof, escaping into another, shall, in consequence of any law 
or regulation therein, be discharged from such service or labor, 
but shall be delivered up on claim of the party to whom such ser¬ 
vice or labor may be due. 

Sec. 3. New States may be admitted by the Congress into this 
U Union; but no new State shall be formed or erected within the 
jurisdiction of any other State; nor any State be formed by the 

1 junction of two or more States, or parts of States, without the 
consent of the Legislatures of the States concerned as well as of 
the Congress. 

The Congress shall have power to dispose of and make all 

2 needful rules and regulations respecting the territory or other 
property belonging to the United States; and nothing in this 
Constitution shall be so construed as to prejudice any claims of 
the United States, or of any particular State. 

Sec. 4. The United States shall guarantee to every State in 
Y this Union a republican form of government; and shall protect 
each of them against invasion; and, on application of the Legis¬ 
lature, or of the Executive (when the Legislature cannot be con¬ 
vened), against domestic violence. 


CONSTITUTION OF THE UNITED STATES 397 


ARTICLE V 

The Congress, whenever two-thirds of both houses shall deem 
it necessary, shall propose amendments to this Constitution, or, vv j 
on the application of the Legislatures of two-thirds of the sev- ^ 
eral States, shall call a convention for proposing amendments, 
which, in either case, shall be valid to all intents and purposes, 
as part of this Constitution, when ratified by the Legislatures of 
three-fourths of the several States, or by conventions in three- 
fourths thereof, as the one or the other mode of ratification may 
be proposed by the Congress;- provided that no amendment 
which may be made prior to the year one thousand eight hundred 
and eight shall in any manner affect the first and fourth clauses 
of the ninth section of the first article; and that no State, with¬ 
out its consent, shall be deprived of its equal suffrage in the 
Senate. 


ARTICLE VI 

All debts contracted, and engagements entered into, before the 
adoption of this Constitution, shall be as valid against the United X 
States under this Constitution, as under the Confederation. 

This Constitution, and the laws of the United States which 
shall be made in pursuance thereof, and all treaties made, or 
which shall be made, under the authority of the United States, 
shall be the supreme law of the land; and the judges in every 
State shall be bound thereby, anything in the Constitution or 
laws of any State to the contrary notwithstanding. 

The Senators and Representatives before mentioned, and the 
members of the several State Legislatures, and all executive and 
judicial officers, both of the United States and of the several 
States, shall be bound by oath or affirmation to support this Con¬ 
stitution; but no religious test shall ever be required as a quali¬ 
fication to any office or public trust under the United States. 

ARTICLE VII 

The ratification of the Conventions of nine States shall be suf¬ 
ficient for the establishment of this Constitution between the Y 
States so ratifying the same. 

Done in Convention, by the unanimous consent of the 
States present, the seventeenth day of September, in 
the year of our Lord one thousand seven hundred and 
eighty-seven, and of the Independence of the United 
States of America the twelfth. 


398 


THE AMERICAN CITIZEN 


have hereunto subscribed our 

GEORGE WASHINGTON, 
President, and Deputy from Virginia. 

DELAWARE 


In witness whereof, we 
names. 


NEW HAMPSHIRE 

John Langdon, 

Nicholas Gilman. 

MASSACHUSETTS 

Nathaniel Gorham, 

Rufus King. 

CONNECTICUT 

William Samuel Johnson, 
Roger Sherman. 

NEW YORK 

Alexander Hamilton. 

NEW JERSEY 

William Livingston, 

David Brearley, 

William Paterson, 
Jonathan Dayton. 

PENNSYLVANIA 

Benjamin Franklin, 
Thomas Mifflin, 

Robert Morris, 

George Clymer, 

Thomas Fitzsimons, 

Jared Ingersoll, 

James Wilson, 

Gouverneur Morris. 

Attest: 


George Read, 

Gunning Bedford, Jr., 

John Dickinson, 

Richard Bassett, 

Jacob Broom. 

MARYLAND 

James McHenry, 

Daniel of St. Thomas Jenifer, 
Daniel Carroll. 

VIRGINIA 

John Blair, 

James Madison, Jr. 

NORTH CAROLINA 

William Blount, 

Richard Dobbs Spaight, 

Hugh Wiliamson. 

SOUTH CAROLINA 

John Rutledge, 

Charles Cotesworth Pinckney, 
Charles Pinckney, 

Pierce Butler. 

GEORGIA 

William Few, 

Abraham Baldwin. 

WILLIAM JACKSON, Secretary. 


AMENDMENTS 

ARTICLE I.—Congress shall make no law respecting an es- 
Am. tablishment religion, or prohibiting the free exercise thereof; 
*or abridging the freedom of speech, or of the press; or the right 
1 of the people peaceably to assemble, and to petition the govern¬ 
ment for a redress of grievances. 


CONSTITUTION OF THE UNITED ST A TES 399 


ARTICLE II.—A well-regulated militia, being necessary to 
the security of a free State, the right of the people to keep and 2 
bear arms shall not be infringed. 

ARTICLE III.—No soldier shall, in time of peace, be quar¬ 
tered in any house, without the consent of the owner, nor in time 3 
of war, but in a manner to be prescribed by law. 

ARTICLE IV.—The right of the people to be secure in their 
persons, houses, papers, and effects, against unreasonable 4 
searches and seizures, shall not be violated, and no warrants 
shall issue, but upon probable cause, supported by oath or affir¬ 
mation, and particularly describing the place to be searched, and 
the persons or things to be seized. 

ARTICLE V.—No person shall be held to answ r er for a capi¬ 
tal, or otherwise infamous crime, unless on a presentment or in- 5 
dictment of a grand jury, except in cases arising in the land or 
naval forces, or in the militia, when in actual service in time of 
war or public danger; nor shall any person be subject for the 
same offense to be twice put in jeopa'rdy of life or limb; nor 
shall be compelled in any criminal case to be a witness against 
himself, nor be deprived of life, liberty, or property, without 
due process of law; nor shall private property be taken for pub¬ 
lic use, without just compensation. 

ARTICLE VI.—In all criminal prosecutions, the accused shall 
enjoy the right to a speedy and public trial, by an impartial jury 6 
of the State and district wherein the crime shall have been com- , 
mitted, which district shall have been previously ascertained by 
law, and to be informed of the nature and cause of the accusa¬ 
tion; to be confronted with the witnesses against him; to have 
compulsory process for obtaining witnesses in his favor; and to 
have the assistance of counsel for his defense. 

ARTICLE VII.—In suits at common law, where the value in 
controversy shall exceed twenty dollars, the right of trial by 7 
jury shall be preserved, and no fact tried by a jury shall be other¬ 
wise re-examined in any court of the United States than accord¬ 
ing to the rules of common law. 

ARTICLE VIII.—Excessive bail shall not be*required, nor ex¬ 
cessive fines imposed, nor cruel and unusual punishments in- 8 
flicted. 

ARTICLE IX.—The enumeration in the Constitution of cer¬ 
tain rights shall not be construed to deny or disparage others 9 
retained by the people. 

ARTICLE X.—The powers not delegated to the United States 
by the Constitution, nor prohibited by it to the States, are re- 10 
served to the States respectively, or to the people. 

ARTICLE XI.—The judicial power of the United States shall 
not be construed to extend in any suit in law or equity, com- 11 
menced or prosecuted against one of the United States by citi¬ 
zens of another State, or by citizens or subjects of any foreign 
state. 


400 


THE AMERICAN CITIZEN 


ARTICLE XII.—The electors shall meet in their respective 
12 States, and vote by ballot for President and Vice-President, one 
of whom, at least, shall not be an inhabitant of the same State 
with themselves; they shall name in their ballots the person 
voted for as President, and in distinct ballots the person voted 
for as Vice-President; and they shall make distinct lists of all 
persons voted for as President, and of all persons voted for as 
.Vice-President, and of the number of votes for each, which lists 
they shall sign and certify, and transmit sealed to the seat of 
government of the United States, directed to the President of 
the Senate;—the President of the Senate shall, in the presence 
of the Senate and House of Representatives, open all the cer¬ 
tificates, and the votes shall then be counted; — the person 
having the greatest number of votes for President, shall be 
the President, if such number be a majority of the whole num¬ 
ber of Electors appointed; and if no person have such ma¬ 
jority, then from the persons having the highest numbers not 
exceeding three on the list of those voted for as President, 
the House of Representatives shall choose immediately, by 
ballot, the President. But in choosing the President, the votes 
shall be taken by States, the representation from each State 
having one vote; a quorum for this purpose shall consist of 
a member or members from two-thirds of the State§, and a 
majority of all the States be necessary to a choice. And if 
the House of Representatives shall not choose a President 
whenever the right of choice shall devolve upon them, be¬ 
fore the fourth day of March next following, then the Vice- 
President shall act as President, as in the case of the death or 
• other constitutional disability of the President. The person hav¬ 
ing the greatest number of votes as Vice-President, shall be the 
Vice-President, if such number be a majority of the whole num¬ 
ber of Electors appointed; and if no person have a majority, 
then from the two highest numbers on the list, the Senate shall 
choose the Vice-President; a quorum for the purpose shall con¬ 
sist of two-thirds of the whole number of Senators, and a ma¬ 
jority of the whole number shall be necessary to a choice. But 
no person constitutionally ineligible to the office of President 
shall be eligible to that of Vice-President of the United States. 

ARTICLE XIII. — Section 1. Neither slavery nor involun- 
tary servitude, except as a punishment for crime whereof the 
party shall have been duly convicted, shall exist within the Uni¬ 
ted States, or any place, subject to their jurisdiction. 

Section 2. Congress shall have power to enforce this article 
by appropriate legislation. 

ARTICLE XIV.—Section 1 . All persons born or naturalized 
l'* in the United States, and subject to the jurisdiction thereof, are 
citizens of the United States and of the State wherein they re¬ 
side. No State shall make or enforce any law which shall 


CONSTITUTION OF THE UNITED ST A TES 401 


abridge the privileges or immunities of citizens of the United 
States; nor shall any State deprive any person of life, liberty, or 
property, without due process of law; nor deny to any person 
within its jurisdiction the equal protection of the laws. 

Section 2. Representatives shall be apportioned among the sev¬ 
eral States according to their respective numbers, counting the 
whole number of persons in each State, excluding Indians not 
taxed. But when the right to vote at any election for the choice 
of Electors for President and Vice-President of the United 
States, Representatives in Congress, the executive and judicial 
officers of a State, or the members of the Legislature thereof, is 
denied to any of the male inhabitants of such State, being twen¬ 
ty-one years of age, and citizens of the United States, or in any 
way abridged, except for participation in rebellion or other 
crime, the basis of representation therein shall be reduced in the 
proportion which the number of such male citizens shall bear to 
the whole number of male citizens twenty-one years of age in 
such State. 

Section 3. No person shall be a Senator or Representative in 
Congress, or Elector of President or Vice-President, or hold any 
office, civil or military, under the United States, or under any 
State, who having previously taken an oath as a member of Con¬ 
gress, or as an officer of the United States, or as a member of 
any State Legislature, or as an executive or judicial officer of 
any State, to support the Constitution of the United States, shall 
have engaged in insurrection or rebellion against the same, or 
given aid or comfort to the enemies thereof. But Congress may 
by a vote of two-thirds of each house remove such disability. 

Section 4. The validity of the public debt of the United 
States, authorized by law, including debts incurred for payment 
of pensions and bounties for services in suppressing insurrection 
or rebellion, shall not be questioned. But neither the United 
States nor any State shall assume to pay any debt or obligation 
incurred in aid of insurrection or rebellion against the United 
States, or any claim for the loss or emancipation of any slave; 
but all such debts, obligations, and claims, shall be held illegal 
and void. 

Section 5. The Congress shall have power to enforce, by ap¬ 
propriate legislation, the provisions of this article. 

ARTICLE XV.— Section 1 . The right of citizens of the Uni¬ 
ted States to vote shall not be denied or abridged by the United 15 
States or by any State on account of race, color, or previous 
condition of servitude. 

Section 2. The Congress shall have power to enforce this ar¬ 
ticle by appropriate legislation. 


402 


THE AMERICAN CITIZEN 


LIST OF PRESIDENTS 


No. 

PRESIDENT 

ELECTED FROM 

| BORN 

DIED 

1 

George Washington.. 

Virginia. 

1732 

1799 

2 

John Adams. 

Massachusetts ... 

1735 

1826 

3 

Thomas Jefferson. 

Virginia. 

1743 

1826 

4 

James Madison. 

Virginia. 

1751 

1836 

5 

James Monroe. 

Virginia . 

1758 

1831 

6 

John Quincy Adams. 

' Massachusetts ..., 

1767 

1848 

7 

Andrew Jackson. 

Tennessee . 

1767 

1845 

8 

Martin VanBuren. 

New York . 

1782 

1862 

9 

William H. Harrison. 

Ohio . 

1773 

1841 

10 

John Tyler. 

Virginia . 

1790 

1862 

11 

James K. Polk. 

Tennessee . 

1795 

1849 

12 

Zachary Taylor. 

Louisiana . 

1784 

1850 

13 

Millard Fillmore. 

New York . 

1800 

1874 

14 

Franklin Pierce. 

New Hampshire. 

1804 

1869 

15 

James Buchanan. 

Pennsylvania .... 

1791 

1868 

16 

Abraham Lincoln. 

Illinois . 

1809 

1865 

17 

| Andrew Johnson. 

Tennessee . 

1808 

1875 

18 

Ulysses S. Grant. 

Illinois 

1822 

1885 

19 

Rutherford B. Hayes. 

Ohio . 

1822 

1893 

20 

James A. Garfield. 

Ohio . 

1831 

1881 

21 

Chester A. Arthur. 

N ew Y ork . 

1830 

1886 

22 

Grover Cleveland. 

New York . 

1837 

1908 

23 

Benjamin Harrison. 

Indiana . 

1833 

1901 

24 

Grover Cleveland. 

New York . 

1837 

1908 

25 

William McKinley. 

Ohio . 

1843 

1901 

26 

Theodore Roosevelt. 

New York . 

1858 


27 

William Howard Taft.... 

Ohio . 

1857 



































































BIOGRAPHICAL NOTES 


403 


AND VICE-PRESIDENTS 


TERM OF OFFICE 


ELECTED BY 


VICE-PRESIDENTS 


Two terms; 1789-1797. 

One term; 1797-1801. 

Two terms; 1801-1809. 

Two terms; 1809-1817. 

Two terms; 1817-1825. 

One term; 1825-1829. 

Two terms; 1829-1837. 

One term; 1837-1841. 

One month; 1841. 

3 years, 11 months; 1841-1845 
One term; 1845-1849. 

1 year, 4 months; 1849-1850.. 

2 years, 8 months; 1850-1853 

One term; 1853-1857. 

One term; 1857-1861. 

One term, 6 weeks; 1861-1865 

3 years, 10*4 months; 1865-69 

Two terms; 1869-1877. 

One term; 1877-1881. 

Six months and 15 days. 

3 years, 5 mos., 15 da.; 1881-85 

One term; 1885-1889. 

One term; 1889-1893. 

One term; 1893-1897. 

1 term, 6 mos., 10 da.; 1897-01 

3 y., 5 m., 20 d.; lterm; ’01-’09 
.’09. 


Whole People. 
Federalists 
Democratic- j 
Republicans! 
Democratic- / 
Republicans! 
Democratic- \ 
Republicans / 
House of Rep. 

Democrats 


Democrats 
Whigs.... 
Whigs.... 
Democrats 
Whigs 
Whigs 
Democrats 
Democrats 


’! 


John Adams. 
Thomas Jefferson. 
Aaron Burr. 

George Clinton. 
George Clinton. 
Elbridge Gerry. 

Daniel D. Tompkins 

John C. Calhoun. 
/John C. Calhoun. 
Martin VanBuren 
Richard M. Johnson 
John Tyler. 


Republicans. .j 
Republicans... 


Republicans.. 


Republicans. .j 

Republicans... 
Republic ans.. . 


George M. Dallas. 
Millard Fillmore 

William R. King. 

J. C. Breckenridge. 
Hannibal Hamlin. 
Andrew Johnson. 

Schuyler Colfax. 
Henry Wilson. 
William A. Wheeler 
Chester A. Arthur. 


Republicans... 

Republicans... 

Republicans... 

Democrats_Tims. A. Hendricks. 

Republicans... Levi P. Morton. 
Democrats.... Adlai E. Stevenson 


Garret A. Hobart. 
Theodore Roosevelt 
Chas. W. Fairbanks 
James S. Sherman 








































404 


THE AMERICAN CITIZEN 


CHIEF JUSTICES OF THE FEDERAL SUPREME COURT 


No. 

CHIEF JUSTICE 

TERM 

Years BORN 

DIED 

STATE 

1 

John Jay. 

1789-1795 

6 

1745 

1829 

New York 

2 

John Rutledge. 

1795-1795 


1739 

1800 

S. Carolina 

3 

Oliver Ellsworth... . 

1796-1800 

4 

1745 

1807 

Connecticut 

4 

John Marshall. 

1801-1835 

34 

1755 

1835 

Virginia 

5 

Roger B. Taney. 

1836-1864 

28 

1777 

1864 

Maryland 

6 

Salmon P. Chase_ 

1864-1873 

9 

1808 

1873 

Ohio 

7 

Morrison R. Waite 

1874-1888 

14 

1816 

1888 

Ohio 

8 

Melville W. Fuller.. 

1888-.... 


1833 


Illinois 























INDEX 


Abolition of slavery, 282; vote of the 
House of Representatives, 282 ; ac¬ 
complished in District of Columbia, 
299. 

Acts of Assembly, laws of Pennsyl¬ 
vania thus called, 63; become ef¬ 
fective when, 71. 

Adams, John, chosen President ac¬ 
cording to old plan of voting in 

1797, with Thomas Jefferson as 

Vice-President, 231. 

Adams, John Quincy, chosen Presi¬ 

dent by House of Representatives 
in 1825, 231 ; a minority President, 
233 ; not a popular President, but 
one of the best, 317; a change of 
26,000 votes in Pennsylvania would 
have elected J. Q. Adams in 1828, 
317. 

Adjournment, power of the two houses 
in regard to, 71 ; of the Legislature 
by the Governor, 75 ; resolutions 
for need not be submitted to the 
Governor, 76. 

Adjutant-general of Pennsylvania, 82; 
of the United States, 241. 

Administration defined, 240. 

Administrators appointed by the or¬ 
phans’ court, 331. 

Admission of new States, 262; Okla¬ 
homa, 308. 

Agriculture, secretary of in Pennsyl¬ 
vania, 80; Secretary of in United 
States, 245. 

Alabama, limitation of suffrage in, 
323. 

Alaska, District of, 263. 

Aldermen in cities in Pennsylvania, 
40; justices of the peace are called 


aldermen in cities of the third class, 

43. 

Alien, defined, 9. 

Allegheny, a city of the second class 
in 1906, 47, since united with Pitts¬ 
burg. 

Allegiance is transferred to the Uni¬ 
ted States, 286. 

Alliances, States cannot make sepa¬ 
rately, 222. 

Almshouses, 32; duties of directors 
of the poor, 59. 

Altgeld, Governor of Illinois, 266; did 
not call for assistance, 325. 

Ambassadors, appointed by the Presi¬ 
dent and confirmed by the Senate, 
237; all foreign ambassadors re¬ 
ceived by the President, 237; du¬ 
ties and rank of, 246; salary of, 
247; represent the person of the 
ruler, 247. 

Amendments, to State constitution—• 
how made, 183; recent, 184;—to 
the Federal Constitution,—consent 
of President not necessary, 238; 
how amendments may be made, 
266; only process used, 267; ex¬ 
ceptions to the power of amend¬ 
ment, 267; the most important 
clause in the Constitution, 268; a 
wise provision, 274; first ten 
amendments apply to United Slates 
government only, 274; approval of 
the celebrated thirteenth amendment 
by Lincoln voted not necessary, 
282 ; what three great amendments 
did for reconstruction, 285. 

Anglo-Saxon, race insists upon three¬ 
fold division of sovereign power, 52. 


406 


THE AMERICAN CITIZEN 


Anti-trust laws, power of Congress, 
327. 

Appeal, the, 97; the case on, 107; 
manner of trial before the supreme 
court, 108. 

Appointments to be made by the 
President, 237. 

Apportionment of the State by the 
General Assembly, 70; of Repre¬ 
sentatives in Congress, 190. 

Appropriation and tax bills, origin 
and relation, 198. 

Appropriations, must be made by law, 
221 ; for army not to exceed two 
years, 212; committee on, 332. 

Approval, submission of bills for, not 
necessary, 76. 

Arbitration, boards of, 325 ; of dis¬ 
putes among nations, 337. 

Area, of Pennsylvania, 13; range of 
in townships, 28 ; minimum area of 
county, 51. 

Aristocracy, defined, 5; not permit¬ 
ted under the Constitution, 266; 
feared before election of Jackson, 
317. 

Aristotle, a saying of, 6. 

Arizona, a Territory, 262. 

Arms, right of people to keep and 
bear, 182. 

Army of the United States main¬ 
tained, 212; strength of the differ¬ 
ent branches, 213; citizen-soldiery 
of United States, 213; officers of 
army tried by courts-martial, 215; 
and not subject to impeachment, 
215; President is Commander-in- 
chief of army and navy, 237. 

Army, State has no standing army, 
182; State militia may be called 
into service of United States, 213. 

Arthur, Chester A., succeeds to Presi¬ 
dency upon death of James A. Gar¬ 
field, 1881, did not assume the of¬ 
fice while Garfield lingered to his 
death, 235; takes oath of office in 
New York, 295. 

Articles of Confederation, some sur¬ 


vivals from, 193; defects of, 224, 
252; a bond of union, 288. 

Arts and Sciences to be promoted, 

211 . 

Assemble, people have right to, 182; 
does not allow public tumult, 275. 

Assembly, the first, 17; under Penn, 
19; the General Assembly, 62. 

Assessors, township, 32; borough, 
39; board of, 45. 

Associate judges in Pennsylvania, 
(103) ; drawing a jury, 95. 

Assumption of State debts, 291. 

Atchison, David R., assertion made 
concerning, 295. 

Attainder, bills of, forbidden, 182; 
Congress cannot pass, 219; States 
cannot pass, 222. 

Attorney-general, of Pennsylvania, 79; 
a member of the Board of Pardons 
and Board of Property, 87 ; of the 
United States, and order of succes¬ 
sion to the Presidency, 235; head 
of the Department of Justice, 242. 

Attorney - General of the U n i te d 
States, succession to the Presiden¬ 
cy, 235 ; duties of, 242. 

Auditor-general of Pennsylvania, 79; 
a member of several Boards and 
Commissions, 88. 

Auditors, township, 33; in the city 
is called controller, 42; county, 57. 

Australian ballot system in Pennsyl¬ 
vania, 114; how the names are ar¬ 
ranged, 115. 

Automobile, licenses for must be pro¬ 
cured, 141. 

Bail, excessive bail forbidden, 180; 
cannot be accepted for capital of¬ 
fenses, 181; defined, 181; court 
fixes amount of, 279. 

Balances and Checks shown in Con¬ 
stitutional government, 272. 

Ballot, the “Baker Ballot,” 114; ar¬ 
rangement of names on, 115; spec¬ 
imen, 116; counting the ballots, 
122; boxes, 123; primary, 130. 


INDEX 


407 


Banking commissioner of Pennsylva¬ 
nia, 84 ; salary of, 89 ; State bank¬ 
ing laws, 145. 

Bank-notes, National, 304. 

Bankruptcy, definitions and laws, 207 ; 
State laws must be subject to the 
National law, 207. 

Banks and savings institutions in 
Pennsylvania, 146. 

Battleships and cruisers of the Navy, 
214. 

Barbarism, state of, 3. 

Belknap, W. W., impeachment of, 197. 

Benefits of civil society, 2. 

Bigler, Gov. William, 161. 

Bill, defined, 68; how passed, 69; 
where it may originate, 68; for 
revenue, 69; duties of Governor in 
regard to, 69; mode of passing in 
Congress, 201 ; what a “pocket ve¬ 
to” is, 202; how bills are some¬ 
times defeated, 202. 

Bill of rights, defined, 273; in the 
State constitution, 179-183; the de¬ 
sire for such bill, 273; first ten 
amendments to United States Con¬ 
stitution form a, 274. 

Bimetallism, relation to nations, 303. 

Blacklists, 325. 

Blaine, James G., forbids the occu¬ 
pancy of Hawaii, 319. 

Bland-Allison Act, purpose of, 345. 

Blount, William, impeachment of, 197. 

Board of health, of boroughs, 37 ; of 
cities, 44 ; the department of health, 
86 . 

Board of pardons, 87. 

Boards of arbitration, 325. 

Bonds, corporate, 146 ; of the United 
States, 205 and 208. 

Borough, defined, 37; how made, 37 
chief burgess and other officers of, 
37; council of, 38; divisions of, 
38. 

Borrow money, Congress has power 
to, 205. 

Boundaries of Pennsylvania, 13; by 
charter, 14; lines of, 15. 


Boycotts, 301 and 325. 

Bribery, penalty for, 121. 

Broad construction, 217. 

Buchanan, James, a minority Presi¬ 
dent, 233. 

Burr, Aaron, and the Presidency in 
1801, 231 ; action of Chief Justice 
Marshall, 309; dies in poverty, 310. 

Burrowes, drafts the normal school 
law, 161. 

Bureau of Engraving, 208 ; of Animal 
Industry, 245 ; of Corporations, 
246; of Immigration, and Natur¬ 
alization, 246 ; of Statistics, 246 ; 
of Ethnology, 251 ; of American 
Republics, 251; of Manufactures, 
304. 

Butler, Benjamin F., declares negroes 
contraband of war, 298; remarks 
concerning greenbacks, 331. 

Cabinet, members of, 239; concern¬ 
ing relation to Congress, 343 ; quo¬ 
tation from Confederate Constitu¬ 
tion concerning, 344. 

Calhoun, proposes dual executive 
plan, 296. 

California, gives eight votes for Cleve¬ 
land in 1892, 229; Chinese laborers 
cannot be employed on public works 
in, 325 ; demanded legislation, 333. 

Campaign, political, 128. 

Canada, imposes head tax on Chinese 
immigrants, 334. 

Canals, 151. 

Capital, National, location of, 291. 

Capitation tax,—poll tax, 203 ; must 
be proportionate to the population, 
220 . 

Carnegie Technical School, 173. 

Census, Bureau, 246. 

Certificates of identification, 333 and 
335. 

Cervera, Admiral Pascual, 338. 

Charles the Second pays a debt, 16. 

Charter of Privileges, 21. 

Chase, Samuel, Impeachment of, 197. 

Checks and balances, a government of, 


408 


THE AMERICAN CITIZEN 


271 ; equal and impartial justice, 272. 

Chicago, great railroad strike of 1894, 
266. 

Chief burgess of borough, 37. 

Chicago, great strike in, 266. 

Chief Justice presides at impeachment 
trial of President, 196; administers 
the oath of office to the President, 
236; salary of, 254. 

Chile, strained relations with the Uni¬ 
ted States, 338. 

China, treaty of 1881, 334. 

Chinese born in this country are citi¬ 
zens, 335. 

Chinese laborers and the immigration 
laws, 334. 

Chinese, the naturalization of, pro¬ 
hibited, 10, 206; their children 

born in this country are citizens, 
233; “coolies” and the labor laws, 
333; evasion of immigration laws, 
335 ; difficulty of identification, 336. 

Chisholm vs. Georgia, 280. 

Church and state, union of forbidden, 
269, 275. 

Circuit Court of Appeals, 211, 256. 

Circuit Courts of the United States, 
187 ; of Appeals, 256; no separate 
judges of Court of Appeals, 256 ; 
decisions final in certain cases, 256; 
a district judge sometimes sits as 
a circuit judge, 257. 

Circulating medium, 313. 

Cities in Pennsylvania, 39; date of 
beginning, 39; three classes, 39; 
charters, 40; government of, 40-50; 
vital problems in, 50; corporate 
powers, 49; of the first class, 45- 
47; of the second class in Pennsyl¬ 
vania, 47 ; government of, 48 ; tax¬ 
es in, 138; sinking fund shall be 
created, 139. 

Citizen, defined, 9; rights of, 9; of 
the State and of the United States, 
8 ; privileges of, 260 ; privileges of, 
defined and partially enumerated, 
283. 

Citizenship, defined, 8; how gained, 


9; defined in the fourteenth amend¬ 
ment, 111,-283; application for, 
125; relation to the right to vote, 
206; some children born abroad 
are citizens, 226; does not neces¬ 
sarily imply right to vote, 284. 

Civic courage, 347. 

Civic duty, 305. 

Civil cases or suits in Pennsylvania, 
95; county courts, 99; in United 
States Courts, 256, 278. 

Civil engineer, the city, 45. 

Civil liberty, defined, 8. 

Civil rights, entire domain of, not un¬ 
der control of Congress, 284. 

Civil service reform, 248; Commis¬ 
sion, 248 ; number of persons clas¬ 
sified, 248. 

Civil War and the amendments to U. 
S. Constitution, 282-286; main is¬ 
sues of, 310; no formal declaration 
of war, 311. 

Claims for emancipation of slaves 
must not be paid, 206. 

Claims of the Penn family purchased, 
23; British government votes a 
pension, 291. « 

Classes of Senators, 194. 

Clay, Henry, has votes for the Presi¬ 
dency in 1825, 231; first of modern 
speakers, 322. 

Clearing ships, 220. 

Clerk, of the courts, 55; of the or¬ 
phans’ court, 56; of the House of 
Representatives, 192; in the Sen¬ 
ate, 195. 

Clerks, of townships, 33 ; of elections, 
35; of councils, 38; of senate, 66; 
chief clerk of the house of represen¬ 
tatives, 66. 

Cleveland, Grover, receives divided 
votes of several States in 1892, 229; 
a minority President, 232; uses 
troops to quell riots, 266; orders 
out troops, 325; plurality for, 351. 

Clinton, George, Vice-President, 339. 

Coasting trade in relation to Ameri¬ 
can ships, 221. 


INDEX 


409 


Coins and coinage, 207 ; gold and sil 
ver, 303; minor coins, 304; rela¬ 
tion to circulating medium, 313; 
free coinage, 329. 

Collector of delinquent taxes, 48. 

Collector of taxes, 33 ; in some coun¬ 
ties, 57. 

College and university council, mem¬ 
bers of, 88. 

Colman, Norman J., first Secretary of 
Agriculture, 293. 

Colon and Panama, cities not in grant 
to United States, 307. 

Colonies, government in Southern, 26 ; 
in New England, 27; government 
in Middle colonies, 27. 

Commerce and Labor, Secretary of, 
246. 

Commerce, power to regulate, 206; 
interstate, 206; Interstate Com¬ 
merce Commission, 249. 

Commissioner, of banking, 84 ; of in¬ 
surance, 85; of health, 86; of for¬ 
estry, 85 ; of fisheries, 89 ; of high¬ 
ways, 89, 140; Commissioner of 

Patents, 211; of Civil Service, 248; 
United States commissioners, 314. 

Commissioner of Education, 245. 

Commissioner of Fisheries, 246. 

Commissioner of Labor, 246. 

Commissioner of Pensions, 245. 

Commissions to be granted by the 
President, 238. 

Committee on Rules, 201. 

Committees, enactment of laws expe¬ 
dited by, 68 ; power in each house 
of Congress, 200; by whom ap¬ 
pointed, 201; some important ones, 
330 and 331. 

Common law recognized and estab¬ 
lished, 277 and 278. 

Commonwealth, the term defined, 6; 
the founder of the, 15; secretary 
of, 77. 

Common pleas court in Pennsylvania, 
55, 99; jurisdiction of, 99. 

Common schools, 153, 173. 

Compensation, of a Representative, 


193; of a Federal Senator, 196. 

Compromises of the Constitution, 
193; slave-trade, 218; representa¬ 
tion of States, 270; direct taxes, 
270; regulation of commerce, 270; 
relation of the States, 271. 

Compulsory education, in Pennsylva¬ 
nia, 167. 

Concurrent powers, defined, 316; enu¬ 
merated, 316. 

Confederate debt must not be paid, 

206. 

Confederation, Articles of, defective, 
yet a bond of union, 288. 

Congress (Continental) advises the 
conventions of each colony, 174. 

Congress (of the Confederation) en¬ 
acts Ordinance of 1787, 265. 

Congress, National, 189; bicameral, 
189; representatives in, 189; dele¬ 
gates to, 190; ratio of representa¬ 
tion in House, 190; number of 
Senators in, 194; must meet at 
least once every year, 198; long 
and short sessions, 198; extra ses¬ 
sions may be called by the Presi¬ 
dent, 198; the term, “a Congress,” 
198; known by numbers, 198; reg¬ 
ulation of adjournment of the 
houses, 199; delegated powers, 
203 ; has power to levy direct tax¬ 
es, 204; duties levied, 204; history 
of number of special sessions, 199; 
members debarred from certain of¬ 
fices, 199; privileges and disabili¬ 
ties of members, 199; contests and 
quorum, 200; rules and journals, 
200; expulsions, 200; committees, 
200; mode of passing bills, 200; 
powers of, 203; delegated powers 
of, 203; power to tax, 203; im¬ 
plied powers of, 215; powers de¬ 
nied to, 218-221 ; powers of Con¬ 
gress alone, 219; has power to reg¬ 
ulate interstate commerce, 249 ; es¬ 
tablishes and ordains inferior Fed¬ 
eral courts, 253 ; admits new States, 
262; has power to establish terri- 


4 io 


THE AMERICAN CITIZEN 


torial governments, 262; as a city 
council, 310; right to prohibit sla¬ 
very in the Territories questioned, 
311. 

Congress of the Confederation, its 
chief glory, 265 ; passes an act put¬ 
ting the new Constitution in effect, 
342. 

Congressional Library, 250. 

Congressmen-at-large, 191. 

Connecticut claims part of Pennsyl¬ 
vania, 15; plan proposed by dele¬ 
gates from, 270; requires educa¬ 
tional qualification of voters, 323; 
ratifies the Federal Constitution, 
341. 

Constable, of township, 30; of bor¬ 
oughs, 37; in cities, 44; in Phila¬ 
delphia, 46. 

Constitution, every, a growth, 176 and 
287. 

Constitution of United States (text) 
appendix, (388-401) ; of Pennsylva¬ 
nia, appendix, (355-387). 

Constitution of Pennsylvania, develop¬ 
ment of, 175; number of, 176; all 
constitutions a growth, 177; pre¬ 
amble and elements, 178; declara¬ 
tion of rights, 178; how amend¬ 
ments are made, 183; approval of 
Governor not necessary, 183; re¬ 
cent amendments, 184. 

Constitution of the United States, the 
supreme law of the land, 186; a 
clear sketch of the fundamentals of 
good government, 186 ; how it may 
be amended, 266; supremacy of, 
268; compromises of, 269, 270; the 
discussions concerning, 271; ratifi¬ 
cation of, 272. 

Constitutional Rights, 275-283; free 
press, free speech, religious free¬ 
born, 275; to bear arms, 275 ; 
no quartering of soldiers, 276; 
security of home, person, 
and property, 276; of liberty 
and life, 277; common law rights, 
277; as to prosecutions, 278; as 


to excessive bail, 279; exemption 
from cruel and unusual punish¬ 
ments ; reserved rights, 279. 

Construction of Constitution, broad, 
217; strict, 217; powers under, 
321. 

Consuls, how appointed, 237; duties 
of, 247; reports of, 248; consular 
courts, 258. 

Consular courts, 258. 

Consular service, merit system in,313. 

Consulates, prestige in the Fast, 301 ; 
at Shanghai, China, 301. 

Continental Congress, recommends 
adoption of proper governments by 
the colonies, 174. 

Contraband of war, 298. 

Contracts, laws impairing such obli¬ 
gations must not be passed, 182; 
Dartmouth college case, 223. 

Controller audits all city accounts, 42. 

Convention of 1787, men present, 290. 

Conventions for proposing amend¬ 
ments to the Constitution, 267. 

Conventions of political parties, how 
assembled, 128; how delegates are 
chosen, 130. 

Coolies evade the laws, 333. 

Copyrights, secured through Librarian 
of Congress, 211; duration, 211. 

Coroner, 58. 

Corporate powers of cities, 49. 

Corporations, origin and classes, 142; 
how created, 143; defined, 144; 
the term as used in the constitu- 
tution, 144; power of Legislature 
over, 144; police power of State, 
145 ; compensation to individuals, 
145; foreign, 145; cumulative 
voting in, 145 ; scope of business, 
145; stocks and bonds of, 146; 
consolidation, 146; Governor ap¬ 
proves charter, 146; bonus from, 
146; Bureau of, 246; limitation of 
by government, 301 ; fair dealing 
with, 302. 

Corruption of blood, meaning of term, 
259. 


INDEX 


411 


Cortelyou, George B., first Secretary 
of Commerce and Labor, 293. 

Cost of public schools in Pennsylva¬ 
nia, 165. 

Council, borough, 38 ; select and com¬ 
mon, in cities, 41. 

Counterfeiting, punished by United 
States laws, 208. 

Counties in Pennsylvania, 51-60; how 
erected, 51 ; seats of government, 
51; officers of, 52-60; who may be 
officers of, 52; salaries of officers, 
52. 

Counting a quorum, 328. 

County, commissioners, 52; execu¬ 
tive officer of, 53; treasurer, 57; 
auditors, 57; solicitor, 58; survey¬ 
or, 58; superintendent of schools, 
59; courts, 99. 

County courts in Pennsylvania, 60, 
99; judges and jurisdiction, 102, 
103. 

County - township system, 27 ; the 
county type, 25. 

Court of Claims, 257. 

Courts in Pennsylvania, 99; county, 
100; juvenile, 100; superior, 105; 
supreme, 106; recording officers of, 
104; ministerial officers of, 104. 

Courts-martial, 215; jurisdiction of, 
258. 

Courts of equity, 305. 

Courts of the United States, 187; 
Congress has power to establish the 
inferior courts, 211; Court of 
Claims, 296. 

Crawford, W. H., has votes for the 
Presidency in 1825, 231. 

Crimes, grave and petty, 99, 100. 

Criminal courts in Pennsylvania, 99; 
relation to juvenile courts, 100; 
Governor’s requisition, 74, and 260. 

Criminal prosecutions, 277. 

Criminals, surrender of, 261. 

Cruel and unusual punishments for¬ 
bidden, 279. 

Cuba, relation to the United States, 

263. 


Cumulative voting, 145 ; a remedy for 
majority rule in corporations, 300. 

Currency, that of the United States 
is uniform, 207 ; requirement of 
Currency Act of 1900, 313. 

Curtin, Andrew G., policy as State 
superintendent of common schools, 
161. 

Custom-officers, duties of, 205. 

Dartmouth College, famous case de¬ 
cided by Supreme Court of United 
States, 223. 

Davis, Jefferson, Lincoln’s call for 
troops a declaration of war against, 
311. 

Death of Penn, 22. 

Debt, of Pennsylvania, 62 ; limit of in 
cities of the State, 138; no impris¬ 
onment fcr, 182; of United Slates, 
205 ; cannot be repudiated, Am. 14 ; 
debts of Continental Congress paid, 
268; debt of Confederacy of 1861 
must not be paid, 205. 

Decentralization of power, 27; a char¬ 
acteristic feature of American poli¬ 
ty, 36. 

Declaration of Independence, phrases 
of, echoed in the amendments, 274; 
a strong bond of union, 288; no 
voter should be ignorant of its con¬ 
tents, 288. 

Deeds, recotder of, 56; such legal in¬ 
struments must be recorded, 56. 

Defense, measures for, under control 
of Congress, 212. 

Delaware once a part of Pennsylvania 
by purchase, 16; included in the 
third judicial circuit, 257; not af¬ 
fected by the Lmancipation Procla¬ 
mation, 282; a banner State, 340. 

Delegated powers of Congress, 202, 
216, 321. 

Delegates to Congress, rights of, 190. 

Democracy, defined, 5; a false dem¬ 
ocracy, 332. 

Democratic party, principle of strict 
construction, 217. 


412 


THE AMERICAN CITIZEN 


Demonetization, of silver in 1873, 345. 

Department of mines, 86; salary of 
chief of, 90. 

Departments in great cities, 45. 

Departments of government three, 61 ; 
need of such division, 61 ; when 
the Governor exercises legislative 
power, 70; when the senate judges, 
70; in National government, 186; 
not always separable, 188. 

Dewey, George, Admiral, the Presi¬ 
dent of the Naval Board, 244; at 
Manila Bay, 312; famous order of, 
312. 

Dieffenbach, Henry L., makes final 
draft of school law of 1854, 161. 

Directors of the poor, 59. 

Direct vote for President, 351. 

Dispensary system of South Carolina, 
281. 

Distribution of powers, 315. 

District attorney in Pennsylvania, 56. 

District attorney of United States 
courts, 257. 

District Courts of the United States, 
jurisdiction of, 256; number of dis¬ 
tricts and judges, 256; judges not 
limited to their own districts, 257; 
salary of, 257. 

District of Columbia, the Federal Dis¬ 
trict contains the seat of govern¬ 
ment, 215; citizens do not vote, 
215; under direct jurisdiction of 
Congress, 215; executive and judi¬ 
cial officers appointed by the Presi¬ 
dent, 215; Congress acts as the 
legislature of the District, 215, 257 ; 
courts of, 257 ; slavery abolished in, 
299; commissioners of, 310. 

Districts, senatorial and representa¬ 
tive, 63; judicial, 101; judges of, 
102 . 

Division of executive power, 251. 

Drawing of jury panels, 95. 

Dred Scott, decision concerning, 283 ; 
story of, 297; Missouri Compromise 
declared unconstitutional, 311. 

Dual Executive, plan proposed by Cal¬ 


houn to prevent difficulties, 296. 

Dueling disqualifies, 110. 

Dutch, founding of New York by, 
317. 

Duties, States cannot levy any upon 
imports or exports, 134; must be 
uniform, 203; are levied by the 
United States, 204; how collected, 
205. 

Economic zoologist, 81 ; salary of, 89. 

Education, Commission of, 245. 

Education in Pennsylvania, 153-174 ; 
early ideals, 153; schools, 154; the 
first incorporated academy, 155 ; a 
good record, 156; neighborhood 
schools, 156; educating the poor as 
a class, 157 ; a period of organiza¬ 
tion, 160; an educational revival, 
160; establishment of normal 
schools, 161 ; names worthy of re¬ 
membrance, 161 ; the district unit, 
163; the school directors, 163; 
number of schools, 165 ; State ex-' 
penditures for, 165; value of 
school property, 165; amount of 
State appropriation; free text¬ 
books, 166; required studies, 166; 
compulsory education, 167 ; what 
the people demand, 168; high 
schools, 168; three grades, 169; 
amount of aid given each grade 
annually, 169; training of teach¬ 
ers for the schools, 170; mini¬ 
mum salary, 171 ; teachers’ certi¬ 
ficates, 171; institutes, 171; higher 
education, 173. 

Election, districts and officers, 34 ; of 
U. S. Senators, 70; of Governor, 
72; returns of, 72; a contested, 75; 
officers, 113; times of, 113; officers 
are privileged, 114; counting the 
vote, 121; results of, 122; primary, 
128. 

Elective franchise, 111. 

Electoral Commission, organization 
and work, 234; decision regarding 
Tilden, 351. 


INDEX 


4 i 3 


Electoral count bill, 234; how the 
vote is counted, 328. 

Electors, Presidential, how nominated 
and chosen, 227, 228 ; meet to vote 
on the same day throughout the 
United States, 229. 

Eligibility, for State senate, 64; for 
house of representatives, 64; for 
Governor, 72. 

Ellsworth, Oliver, member of the Con¬ 
vention, 290; advocates adoption of 
the Federal Constitution, 341. 

Emancipation Proclamation, 282; time 
of issue, 311. 

Emigration, not forbidden, 183. 

Eminent domain, 7; State’s right of 
over corporations, 145 ; Federal 
government has right of, 277. 

Enacting clause of State constitution, 
178; elements of, 178; of Federal 
Constitution, 388. 

England, obtains new rulers through 
the Revolution of 1688, 288. 

Entering ships, 220. 

Enumeration every ten years, 246. 

Equalization of taxes, 135. 

Equity, relation to law, 305 ; equity 
jurisdiction in Pennsylvania, 306; 
the great principles of, 349. 

Estates of suicides, 182. 

Evans, Rear-Admiral Robley D., re¬ 
tires from command of the great 
fleet, 339. 

Ewing, Thomas, first Secretary of 
the Interior, 293. 

Excessive fines forbidden, 279. 

Excises, defined, 204; a source of 
Federal revenue, 204. 

Executive boards and commissions, 
87. 

Execution, the, 97. 

Executive department, of State, 72- 
90; of United States, 224-251. 

Executive power is vested in the 
President, 225. 

Executive, the Chief, first duty of, 
225. 

Exemption from taxation, 140. 


Expansion, relation to the Pacific, 320. 

Expenditures, National, 305. 

Ex post facto laws, 182; National, 
219; defined, 219; Congress must 
not pass, 219; refer to crimes only, 
220 . 

Expulsions, powers of each house in 
regard to, 67. 

Extradition, a duty, 260; power to 
surrender certain persons belongs 
only to Federal power, 261. 

Extra sessions, of the State legisla¬ 
ture, 74; of Congress, 198; history 
of, 199. 

Factory inspector, duties of, 83 ; sal¬ 
ary, 89. 

Family, the simplest social unit, 1. 

“Father of the Constitution,” James 
Madison so called, 315. 

Federal Courts, jurisdiction of, 253. 

Federal district attorney, 257. 

Federal government, outline of, 186- 
188. 

Federalist, series of papers, 271 ; chief 
manual of the Constitution, 271 ; 
use of equity, 305 ; contributions 
by Madison, Jay, and Hamilton, 
314. 

Federal marshals, 257. 

Feudalism established by the Nor¬ 
mans, 287. 

Filmore, Millard, succeeds President 
Taylor in 1850. 

Filibustering, bills defeated by, 202; 
how done, 202 ; counting a quorum, 
328. 

Finances of the Federal government, 
305. 

Fines, excessive, forbidden, 279. 

Fire marshall, the 44. 

Fisheries, commissioner of, salary in 
Pennsylvania, 89. 

Fiske, John, historian’s estimate o f 
men of 1787, 290. 

Florida, two hostile sets of Electors 
in, 234. 

Foreign postage, rates for, 210 and 


414 


THE AMERICAN CITIZEN 


244; foreign mail service, 244. 

Forestry, commissioner of, in Penn¬ 
sylvania, 85 ; salary of, 89. 

Forms of government, 4. 

Frame of government, Penn’s, 18; 
outline of, 19; that of 1701, 22. 

Franchise, elective, 111. 

Franklin, Benjamin, sent to England, 
23; founds the first incorporated 
academy, 155; president of State 
convention in 1776, 174 ; aids in 
establishing a single House of As¬ 
sembly, 175; in the Constitutional 
Convention, 290. 

Free coinage, defined, 329; of gold, 
329 ; of silver, 330. 

Freedom of the press guaranteed by 
the Constitution, 275. 

Freedom of speech guaranteed by U. 
S. Constitution, 275. 

Freedom, defined, 8 ; of the press, 8, 
180; of speech, 8, 180; perfect re¬ 
ligious, 20; elections free and equal, 
180. 

Free school act of 1834, 158. 

Free speech guaranteed by the Fed¬ 
eral Constitution, 275. 

Free trade defined, 204. 

Fugitive slaves, 260; laws concerning 
such class of persons are inopera¬ 
tive, 261. 

Garfield, James A., a minority Presi¬ 
dent, 233 ; dies in office, 235. 

General agent of board of charities, 
salary of, 90. 

General Assembly, first, 17; had 
small power at first, 18 ; legislative 
power vested in, 63; composition 
of, 63 ; term of service of members 
begins, 64; sessions of, 64; salary 
of members of, 65; privileges of 
members of, 65; organization of 
houses of, 65; legislation by, 66; 
bill in houses of, 68; when the 
acts go into effect, 71; adjourn¬ 
ment of, 71. 

General characteristics of local gov¬ 


ernment, 24; decentralization, 36. 

General Staff, members of, 241. 

Genet, French diplomat, 340. 

Georgia, did not prohibit the impor¬ 
tation of slaves—the foreign slave- 
trade, 218; sued by Chisholm in 
the Supreme Court, 280; ratifies 
the Constitution, 341. 

German immigrants, 317. 

Gerrymandering, 191. 

Gibson, Judge John B., statement by, 
310. 

Gladstone, a statement made by, 287, 
analytically misleading, 289. 

Glenn, A. D., deputy State superin¬ 
tendent, 162. 

Goethals, Col. George W., Chairman 
of Canal Commission, 307. 

Gold certificates not completely legal 
tender, 208. 

Gold coins, denominations of, 303. 

Gold, monetary value of, 303 ; amount 
in circulation, 303 ; use as a stand¬ 
ard of money values, 345. 

Government, defined, 4; knowledge 
of necessary, 1 ; forms of, 4; ob¬ 
ject of, 6; dependence of, 17; 
Penn’s frame of, 18; when free, 
18; local units of government, 24; 
types of local, 24; elemental unit 
of civil, in Pennsylvania, 28; de¬ 
centralization of, 36; three-fold di¬ 
vision of powers of, 61 ; other fea¬ 
tures of State, 62; bases of gov¬ 
ernment in Pennsylvania, 174; 
State constitutions, 174; the only 
State at first establishing a single 
House of Assembly, 175; the peo¬ 
ple supreme, 176; constitutions a 
growth, 177; outline of Federal, 
186; branches of National, 187; 
receipts and expenditures of, 305. 

Governor, powers of, under the Frame 
of Government, 19; may call spe¬ 
cial sessions of Legislature, 64; 
legislative powers of, in Pennsylva¬ 
nia, 69; may adjourn Legislature, 
71; duties, of 72; supreme execu- 


INDEX 


4 i 5 


tive power vested in, 72; election 
of, 72; cannot serve two consecu¬ 
tive terms, 73; residence and sal¬ 
ary, 73; powers of, 74; messages 
74; office of, never vacant, 75; ve¬ 
to power of, 76; appoints officers, 
77, 78, 79, 82-89; requisition in 
case of fugitives, 260. 

Grades of culture, 2. 

“Grandfather clause,” 285 ; in Louis¬ 
iana and Alabama, 324. 

Grand jury, how constituted, 93 ; du¬ 
ties of, 94; institution of provided 
for, 94. 

Grand jury in United Statea courts, 
277; composition of, 277. 

Grant, U. S., President, popular but 
did not receive third term, 226. 

Great Britain, navy of, 214; power 
of, 321. 

Great cities, departments in, 45 ; their 
vital problems, 50. 

Great departments, the three, 61. 

Great Law, the, 20 ; features of, 20. 

Great seal, the, of Pennsylvania, 81 ; 
keeper of, 77. 

Greenbacks, defined, 330; retired in 
large numbers in 1878, 330; reis¬ 
sued, 330; saying of General But¬ 
ler concerning, 331. 

Greenback party, demands an increase 
in paper money, 330. 

Gresham's maxim, 331. 

Guam, island, government of, 263; 
relation to naval base at Pearl Har¬ 
bor, 320. 

Guardians appointed by the probate 
or orphans’ court, 331. 

Guthrie, Mayor George W., our civic 
duty, 305. 

Habeas Corpus, right of, 103; in su 
perior court, 105; in supreme court, 
107; shall not be suspended, 181 ; 
Congress has power to suspend, 
219; suspension of writ by Lincoln, 
219. 

Hague Peace Conference, how dis¬ 


putes may be readily settled, 338. 

Hamilton, Alexander, broad construc¬ 
tion of the Constitution, 217; re¬ 
lation to “The Federalist,” 271 ; 
urges States to adopt the Constitu¬ 
tion, 273; member of Convention, 
290; makes an agreement with Jef¬ 
ferson, 292; first Secretary of the 
Treasury, 292; defines use of equi¬ 
ty, 305 ; famous report on public 
credit, 309. 

Hancock, John, conciliates the oppo¬ 
sition, 341. 

Harrisburg, capital of State, 64; of¬ 
ficial residence of Governor, 73: su¬ 
perior court sits at. 106; supreme 
court holds one term annually at, 
108. 

Harrison, Benjamin, gets divided vote 
of Ohio, 229 ; a minority President, 
233; Electoral vote for, 351. 

Harrison, William H., dies in office, 
235. 

Hawaii, wholesale naturalization in 
the Territory, 206; a part of our 
Nation, and a source of revenue, 
320; the central point of a circle 
of power, 320 ; great naval base at 
Pearl Harbor, 321. 

Hayes, Rutherford B., a min o r i t y 
President, 233 ; become President 
by decision of Electoral Commis¬ 
sion, 234 and 351. 

Hazel township, largest in population, 
28. 

Health, board of, in boroughs, 37; 
board of, in cities, 44; commis¬ 
sioner of, 86; school directors of 
township act as such board, 162. 

Henry, Patrick, opposed the ratifica¬ 
tion of Constitution, 216; the 
“sweeping clause,” 216; remarks 
by, 341. 

Hickok, Henry C., protects the coun¬ 
ty superintendency, 161. 

Higbee, Elnathan E., services relating 
to common schools, 162. 

High schools, value of, 168; how 


416 


THE AMERICAN CITIZEN 


graded, 169; courses in, and State 
aid given, 169. 

Highway commissioner of Pennsyl¬ 
vania, salary of, 89; duties of, 141. 

Homestead Act, 265. 

Honesdale, first run of the “Stour¬ 
bridge Lion,” imported English lo¬ 
comotive, 152. 

Hong Kong, Dewey departs from, 312. 

Houck, Henry, deputy State superin¬ 
tendent, 162. 

Householders, rights of, 276. 

House of ‘ Representatives, see Con¬ 
gress. 

Huguenots, immigration of, 317. 

Humphries, W. H., impeachment of, 
197. 

Idaho, Chinese laborers cannot be em¬ 
ployed upon public works in, 325. 

Illegal searches forbidden, 276. 

Illiterate negro males in various 
States, 323. 

Immigration, in the United States, 
317; changes in, 318; restrictive 
legislation, 318. 

Immunities, of members of Congress, 
199. 

Impeachment, house of representatives 
has sole power of, 70; cases tried 
by the senate, 70; chief justice of 
the supreme court presides, 75; 
origin of, 109; officers liable, 109; 
in Congress, the House of Rep¬ 
resentatives has sole power of, 196; 
the Senate has sole power of trial, 
196; Chief Justice presides, 196; 
punishment in case of, 196; con¬ 
victed officers removed, 196; Pres¬ 
ident cannot pardon in cases of, 
237; all civil officers of United 
States are liable to, 196. 

Impeachment of President Johnson, 
vote on, 353. 

Implied powers of Congress, 215; ex¬ 
ponent of, 217; a very important 
clause, 279; Thomas Jefferson’s 
construction of, 321. 


Import taxes in United States, 204; 
such duties cannot be levied by 
States, 222; costs of inspection 
service, 222. 

Importation of slaves prohibited in 
1808, 218. 

Inauguration of President and Vice- 
President, 2 36 ; facts concerning 
the day, 343. 

Income tax, used during war, 204. 

Incompatible, certain offices may be 
so declared, 110. 

Indians, untaxed, not represented in 
Congress, 270; Indians who main¬ 
tain tribal relations are not citizens, 
283. 

Indian “Territory,” now part of the 

forty-sixth State, 308. 

Indictment, bill of, brought by grand 
jury, 93 ; formal aecus a t i o n of 
crime, 94. 

Individual rights enumerated, 6. 

Individuals cannot sue States in Fed¬ 
eral courts, 280. 

Inflation, safeguard against, 330. 

Information and advice, the Governor 
may require from officers of execu¬ 
tive department, 74. 

Inheritance tax, 148. 

Initiative and Referendum, 348. 

Injunctions, defined, 348 ; danger in 
government by, 349; English prac¬ 
tice regarding, 350. 

Insolvent laws passed by States must 
not conflict with National bankrupt 
laws, 207. 

Inspectors, of election in townships, 
29; of election, how chosen, 35; of 
prisons, 60; of mines, 86. 

Insurance, commissioner of in Penn¬ 
sylvania, 85; salary of, 89. 

Insurrection, suppression of, 54; do¬ 
mestic violence, 266; strike in Chi¬ 
cago, 1894, 266; President Cleve¬ 
land sends troops, 325. 

Intemperance, control of sales of 
liquor, 281. 

Interior, Department of the, 245 ; date 



INDEX 


4 i 7 


of establishment of the same, 293. 
Interior, Secretary of, order of suc¬ 
cession to the Presidency, 235 ; 
powers and duties of, 245. 

Internal affairs, secretary of, 78; a 
member of the pardon board and of 
the board of agriculture, 87. 
Internal revenue, taxes or excises, 
204; sources of, 204. 

International law, matters relating to, 
under control of National govern¬ 
ment, 211. 

Interstate Commerce Commis s i o n , 

regulates commerce between States, 
149; under direction of Congress, 
206; trusts, 327; Bureau of Cor¬ 
porations, 246; salary of the Com¬ 
missioners, 249; powers, 249. 

Iowa, a famous battleship, 339. 
Ireland, immigrants from, 317. 
Isthmian Canal Commission, 251; 

how appointed, 263. 

Isthmian Canal Zone, government of, 
263. 

Jackson, Andrew, had a plurality of 
the Electors in 1825; treatment of 
nullification, 269; did not originate 
spoils system, 294; carried every 
Southern and Western State, 316; 
proclamation by, 352. 

Japan, treaty with, 338. 

Japanese cannot be naturalized, 206, 
[Mongolians] ; laborers excluded, 
336; treaty, 337. 

Jay, John, discusses certain fitness of 
the new government, 271 ; appoint¬ 
ed Chief Justice, 290. 

Jefferson, Thomas, anxious to extin¬ 
guish public debt, 205; aided by 
the Senate, naturalized the people 
of Louisiana by treaty, 206; leader 
of the strict constructionists, 216; 
follows example of Washington, 
226; elected President by the 
House of Representatives in 1801, 
231; Secretary of State, 290; an¬ 
tagonism to Marshall, 309; words 
of, 332. 


Jeopardy of life and limb—or tried on 
charge of crime, 180, 277. 

Johnson, Andrew, impeachment of, 
197; succeeds to the Presidency 
upon death of Lincoln, 235. 

Johnson, R. M., chosen Vice-Presi¬ 
dent by the Senate, 232. 

Journal, the, 67. 

Judge-Advocate-General, 241. 

Judges in Pennsylvania, county, 60; 
district or county, 102; duties of 
county, 103; associate, 103; of the 
superior court, 105; of the supreme 
court, 106; salaries of, 90; honor¬ 
able record of, 108; of the United 
States courts, 254. 

Judges in United States courts to hold 
office during good behavior, 254; 
appointed by the President, and 
confirmed by the Senate, 254; re¬ 
tirement of, 254. 

Judgment, the, 97. 

Judicial department in Pennsylvania, 
91 ; of the United States, wherein 
vested 187 and 253. 

Judicial power in Pennsylvania, where¬ 
in vested, 98. 

Judicial power vested in the National 
courts, 187; the Federal judiciary, 
252; Hamilton’s remarks on, 252; 
Story on the old Confederation, 
252 ; independence of, 252 ; organi¬ 
zation, 253. 

Judicial proceedings in each State 
have faith and credit in all, 260. 

Juries, in Pennsylvania, a justice’s 
jury, 29; a coroner’s jury, 58; jury 
defined, 92; grand jury, 93 ; a petit 
jury, 94; drawing of jury panels, 
95 ; selecting a jury, 96. 

Jurisdiction defined, 98; original, 98; 
appellate, concurrent, 99; of su¬ 
preme court of State, 106. 

Jury commissioners, 60; the sheriff 
assists in drawing juries, 54. 

Jury, right of trial by, jealously guard¬ 
ed, 92; crimes must be tried by in 
Federal courts, 259; a speedy and 


418 


THE AMERICAN CITIZEN 


impartial trial by, 278 (O'?) (Am. 
5). 

Justice, Department of, 242; estab¬ 
lishment of, 292. 

Justice of the Peace, 29; range of 
cases, 30; duties he performs, 30; 
courts of, 99. 

Kansas, people of could not agree 
concerning slavery, 311; strife in, 
forced on the inevitable contest, 
311. 

Keystone State, the, 12. 

King, Rufus, a member of the Con¬ 
vention of 1787, 290. 

Knowledge of government an essential 
factor for correct living, 1. 

Knox, Henry, first Secretary of War, 
290. 

Koszta, Martin, his American citizen¬ 
ship, 125. 

Labor, relation to lockouts and black¬ 
lists, 325 ; law concerning, in Lou¬ 
isiana, 325. 

Lands, public, ceded by the States, 
264 ; school lands, 265 ; relation of 
single tax to land, 302. 

Laws, the function of government to 
make and execute them, 1 ; how 
made, 68 ; local or special laws for¬ 
bidden, 66; must conform to the 
Constitution, 67 ; when a law goes 
into effect, 71 ; laws called Acts of 
Assembly in Pennsylvania, 63; ex 
post facto forbidden, 182 ; how laws 
are made, 201 ; when a bill becomes 
a law, 202; common law, 277 ; the 
Constitution the supreme law, 186; 
citizens owe obedience to, 286. 

Legal tender, 208. 

Legislation in Pennsylvania, 66; how 
hasty legislation is checked, 66; 
must not conflict with the State 
constitution or the Constitution of 
the United States, 66; special leg¬ 
islation forbidden, 67. 

Legislative department, of State, 63- 


71 ; of the United States, 187, 189 
—223. 

Legislative power of United States 

vested in Congress, 187, 189. 

Legislature of Pennsylvania, 63—71 ; 
duties of, 63 ; sessions of, 64 ; mem¬ 
bers must not hold other offices, 
64 ; organization of, 65 ; vast range 
of powers of, 67. 

Liberty, defined, 8 ; right and liberty 
not identical, 8 ; what civil liberty 
includes, 8. 

Librarian, State, of Pennsylvania, 83 ; 
salary of, 89; of Congress, copy¬ 
rights secured through, 211; duties 
of, 250. 

Library, State, 83; trustees of, 87; 
Congressional, 250. 

Lieutenant-General, ranking General 
Officer of the Line, 242. 

Lieutenant-governor of Pennsylvania, 
73; president of the senate, 65; 
qualifications and duties, 73 ; a mem¬ 
ber of the board of pardons, 87 ; 
member of medical council, 88 ; sal¬ 
ary of, 89. 

Life-saving Service, compensation of, 
336; statistics concerning, 337. 

Limitation of Negro Suffrage, 323; 
Southern views of, 324. 

Limited monarchy, defined, 4. 

Lincoln, Abraham, suspended habeas 
corpus, 219; a minority President, 
233 ; dies in office, 235 ; law-mak¬ 
ing power at his disposal, 238; 
issues Emancipation Proclamation, 
282; approves formally the thir¬ 
teenth amendment, 282; views on 
reconstruction, 299; a saying of, 
311; exercises war powers, 353. 

Line, Mason and Dixons, 15; how 
marked, 15; divides freedom from 
slavery, 310. 

Lines, range and township, 264. 

List of Presidents, 402. 

List of Vice-Presidents, 403. 

List of Chief Justices, 404, 

Local goverrtfpent, in Pennsylvania, 


INDEX 


4 T 9 


24-60; types of, in various States, 
25, 26; the county-township type, 
27. 

Local option, (see glossary). 

Local units, 24; government, 24-60. 

Location of the National Capital, 291. 

Lockouts and blacklists, 325. 

Louisiana, wholesale naturalization in, 
206; hostile sets of Electors, 234; 
purchased from France, 279; per¬ 
centage of illiterate negro males in, 
323 ; “grandfather clause” in, 323 ; 
laws concerning manual labor, 325. 

Louisiana Purchase, 206. 

Lycoming county largest, 51. 

Lynching, peril of removed only by 
prompt trial, 278. 

Madison, James, services in the fram¬ 
ing of the National Constitution, 
271; joint author of “The Federal¬ 
ist,” 271 ; a member of the Con¬ 
stitutional Convention, 290; called 
“Father of the Constitution,” 315; 
becomes Secretary of State, 315; 
chosen President in 1809, 315. 

Madison, “Dolly,” wife of the Presi¬ 
dent, a popular mistress of the 
White House, 315. 

Magistrate’s courts in Philadelphia, 
46. 

Magna Charta, right and justice, 182; 
echoed in the amendments, 274; 
compels kings to grant freedom, 
287. 

Mahan, Rear-Admiral Alfred T., re¬ 
marks about Panama Canal, 306. 

Majority and plurality defined, 123. 

Manila, naval victory at, 312. 

Manufactures in the United States, 
304. 

Marcy, William L., declares protec¬ 
tive quality of American citizen¬ 
ship, 125; reiterated the “Monroe 
Doctrine of the Pacific,” 319. 

Marque and reprisal, letters of, 215. 

Marshall, John, Chief Justice of the 
United States, renders authoritive 
decision, 223; subpoenas President 


Jefferson, 309; defines various 
powers under the Constitution, 321. 

Marshal of the Federal court, 257; a 
United States sheriff, 257. 

Maryland, claims part of Pennsylva¬ 
nia, 15; boundary line of, 15; not 
affected by the Emancipation Proc¬ 
lamation, 282; adopts the Federal 
Constitution, 341. 

Mason and Dixon’s Line, when sur¬ 
veyed, 15; finished by David Rit- 
tenhouse, 15; map opposite, 16; 
divides freedom from slavery, 310. 

Massachusetts claims part of Penn¬ 
sylvania, 15; the battleship, 214; 
State asks that constitutional 
amendments be made, 273; has an 
educational qualification required of 
voters, 284 and 323; saves tlie Fed¬ 
eral Constitution, 341. 

Mayor, the chief executive officer of 
a city, 41 ; duties, 41 ; in Philadel¬ 
phia, 45 ; in cities of the second 
class, 47; powers and duties i n 
Pittsburg, 4 7. 

McKean, Thomas, advocates adoption 
of Constitution, 340. 

McKinley, William, dies in office, 
1901, 235; reiterated the “Monroe 
Doctrine of the Pacific,” 319. 

Medical council, members of, 88. 

Mechanics’ liens, 361, (see glossary). 

Members of General Assembly, privi¬ 
leges of, 65. 

Mennonites and slavery, 177. 

Mercantile appraiser, duties of, 58. 

Merchant defined, 333. 

Merit system, in the consular service, 
313. 

Messages, the Governor’s, sent to the 
Legislature, 74; special, 75; of 
the President to Congress, 238; an 
initiative power in reference to law. 
238. 

Mexico, many Chinese pass over its 
borders into United States, 335. 

Michigan gives divided vote in 1892, 

22 9 . 


420 


THE AMERICAN CITIZEN 


Military Academy, location and course 
of study, 242. 

Military board of Pennsylvania, mem¬ 
bers of, 88. 

Militia, of whom comprised, 81 ; the 
National Guard a part of, 82; may 
be called into the service of the 
United States, 83; importance of, 
83; organization in Pennsylvania, 
83; bill of rights makes possible, 
182; subject to the orders of the 
President, 213. 

Millersville, first State normal school 
of Pennsylvania established at, 161. 

M ines, chief of department of, 86; 
inspectors of, 86. 

Ministers, foreign, h o w appointed, 
237 ; rank of, 247 ; duties of, 247 ; 
charge d’affaires, 247. 

Minority Presidents, defined, 232; 
names of, 233. 

Minority representation, 300. 

Mints, where located, 207. 

Mississippi, qualifications of voters 
in, 324; the “understanding clause,’’ 
324. 

Missouri Compromise declared un¬ 
constitutional, 298 ; gave temporary 
harmony, 311. 

Mixed or compromise system, 26. 

Monarchy, defined, 4; kinds of, 4; 
not permitted to States under the 
Constitution, 266. 

Money, forms and substitutes, 207 ; 
right to coin, 207; mints where 
situated, 207 ; paper money, 208; 
forms of monev. 208; counterfeit¬ 
ing, 208; punishment for counter¬ 
feiting, 208 ; amount of in United 
States, 303 and 304. 

Money-orders, 210. 

Money shall be drawn from the 
Treasury only by appropriation 
laws, 221. 

Monometallism, prevails, 346. 

Monopoly, growth of, 327. 

Monroe Doctrine, details of, 294; 
logical outcome of, 306; claims un¬ 


der, 307; of the Pacific Ocean, 319. 

Monroe, James, sets forth celebrated 
doctrine, 294; details of same doc¬ 
trine, 294. 

Montojo, Admiral Patricio, at Manila, 
312. 

Montour county, smallest, 51. 

Moral rights and duties, 8. 

Morality, religion, and knowledge 
necessary to good government, 265. 

Morris, Gouverneur, member of the 
Convention, 290. 

Mortgages, recorded in the office of 
the recorder of deeds, 56. 

Municipal corporations, 142. 

Municipalities, vital problems in, 50. 

Name of Pennsylvania, how given, 16. 

Nation, the highest community, 3; 
the seed of a, 21. 

National banks, bank-notes of, not le¬ 
gal tender, 208; how supervised, 
208 ; how notes of are issued, 304; 
taxes paid, 304. 

National Capitol, laying o f corner¬ 
stone of, 293 ; completed during 
Civil War, 293 ; size and construc¬ 
tion of, 293. 

National conventions, 128 ; delegates 
to, 131, 228; committees, 228. 

National guard, the 82. 

National Museum, 251. 

National receipts and expenditures, 
305. 

Naturalization, 9; of Chinamen ex¬ 
pressly prohibited, 10; new law, 
124; requirements, 206; examples 
of wholesale, 206; powers of nat¬ 
uralized citizen, 206 ; controlled by 
Congress, 206; not strictly essen¬ 
tial to voting, 207. 

Nautical Almanac, published by Navy 
department, 244. 

Naval Academy, location and course 
of study, 244. 

Naval Observatory, in charge of Navy 
department, 244. 

Navy, Department of the, 244; date 


INDEX 


421 


of establishment of the same, 293. 

Navy of the United States, Congress 
provides and maintains, 211; char¬ 
acter of, 212; reputation of, 213; 
effective naval strength of the Uni¬ 
ted States, 214; officers not sub¬ 
ject to impeachment, 215; courts- 
martial, 215; Admiral of, 244; pay 
of midshipmen, 245 ; deeds at Ma¬ 
nila, 312; new naval base, 319. 

Negro suffrage, 284; limitation of in 
South, 324. 

Nevada, admission of, with only 60,- 
000 inhabitants a mistake, 262. 

New England, political units in, 25. 

New Hampshire, legislature of, at¬ 
tempts to annul charter of Dart¬ 
mouth, 223; argues that amend¬ 
ments be made, 273; requires edu¬ 
cational qualification of voters, 323 ; 
ratifies Federal Constitution, 341. 

New Jersey, on eastern boundary of 
Pennsylvania, 13; lies in the third 
judicial circuit, 257; ratifies the 
Constitution, 340. 

New States, admission of, 262; high¬ 
er standards needed, 262; admis¬ 
sion of Oklahoma, 308; proclama¬ 
tion by Roosevelt, 308. 

New York, alone exceeds Pennsylva¬ 
nia in population and wealth, 13; 
on northern line of State, 13; gov¬ 
ernor of displaces Penn temporarily 
in 1692, 21 ; narrow majority for 
Cleveland in, 233 ; asks for amend¬ 
ments, 273; adopts the Federal 
Constitution, 341. 

Nobility, titles of, cannot be granted 
by States, 183 ; Congress may grant 
no titles of, 222. 

Nomination, methods of, 128; Craw¬ 
ford county system, 129; uniform 
primaries, 130; official primary bal¬ 
lots, 130; State conventions, 131; 
National conventions, 128, 130; 
nomination papers, 132; of Presi¬ 
dential candidates, 228; of Presi¬ 
dential Factors, 228; convention, 


delegates, and platform, 228; of 
Electors in State Conventions, 228. 

Non-registered voters, 119. 

Normal schools, establishment of, 
161 ; training of teachers in, 170. 

North Carolina, did not prohibit for¬ 
eign slave-trade, 218; slow to rati¬ 
fy the Constitution, 272; asks for 
amendments to the ConsCtution, 
273; final action of, 342. 

North Dakota, one populist Elector 
in 1892 exci'cises freedom of choice, 
229; constitution of forbids black¬ 
listing, 325. 

Northwest Territory, 265. 

Notary public, 88. 

Nullification, defined, 551; destroyed 
by President Jackson, 352. 

Oath of office, 110; a constitutional 
requirement, 193; in the House of 
Representatives, 193, of Senators, 
196; of the Vice-President, 196; 
officers take oath to support Con¬ 
stitution, 269. 

Object of government, the, 6. 

Obligation of contracts, States cannot 
impair, 223; Congress has control, 
223. 

Occupation tax, defined, 112. 

Officers in townships of the first class, 
35 ; of election districts, 34. 

Officers of army and navy, how sup¬ 
plied, 242, 244. 

Officers, salaries of State, 89-90; of 
the army, 241; of the navy, 244; 
supplied by the military academy, 
242 ; by the naval academy, 244. 

Officers of the House, 192. 

Officers of the Senate, 195. 

Oil, transportation of by pipe lines, 
249. 

Oklahoma, admitted, 307; proclama¬ 
tion of President Roosevelt on ad¬ 
mission of, 308; population and 
area, 308; constitution is republi¬ 
can in form, 308; largest town of, 
309. 




422 


THE AMERICAN CITIZEN 


Old Forge township, smallest in pop¬ 
ulation, 28. 

Oligarchy, how developed, 333. 

Olympia, a famous battleship at Ma¬ 
nila, 312. 

Order of succession of State officers, 
75. 

Ordinance of 1787, famous legislation, 
265; encourages establishment of 
schools, 265; language of, 282; 
one of the agencies in the abolition 
of slavery, 310. 

Oregon, gives one vote for Weaver in 
1892, 229; school fund in, 265; its 
famous namesake, the battleship, 
214. 

Organization of the Government in 
1789, 290. 

Organization of the houses of General 
Assembly, 65. 

Original jurisdiction, defined, 98; of 
superior court of State, 105; of su¬ 
preme couit of State, 107 ; of Uni¬ 
ted States Courts, 253. 

Orphans’ court, clerk of, 56; salaries 
of judges of, 90; examines wills of 
deceased persons, 332. 

Osgood, Samuel, first Postma ster- 
General, 293. 

Overseers of the poor, 32; supervisors 
are overseers of the poor in some 
townships,' 32. 

Panama, the canal, 306; the indepen¬ 
dence of, recognized, 307. 

Panama Canal Strip, 307. 

Paper money, right to issue implied, 
207; various kinds, 208; where 
made, 208 ; certain forms are near¬ 
er actual money than others, 208; 
National bank-notes, 304. 

Pardoning power in Pennsylvania, 74; 
of the President, 237. 

Pardons, the Governor shall not grant, 
except upon recommendation of the 
board of pardons, 74. 

Parliament, English, example f o 1 - 
lowed, 189; confidence of, 288. 


Party, defined, 127; the creation of 
voluntary effort, 127; how nomina¬ 
tions are made, 128; conventions 
of, 131 ; Democratic, 217; Repub¬ 
lican, 217. 

Patents, purpose of, 211; how ob¬ 
tained, 211 ; duration, 211. 

Patriotism, its value, 11. 

Pearl Harbor, a great naval base at, 
319. 

Peck, James H., impeachment of, 197. 

Penn, William, founder of the Com¬ 
monwealth, 15; describes its boun¬ 
daries, 14; receives Pennsylvania 
from Charles II., 16; enacts by the 
aid of the people, the “Great I y aw,” 
17; declares the emigrants “the 
seed of a nation,” 21; gives practi¬ 
cal constitution, 22; death in 1718, 
many disputes unsettled, 22 - 23; 
settlement of claims of heirs, 291. 

Pennsylvania, importance as a State, 
12; boundaries, 13; charter boun¬ 
daries, 14; Mason and Dixon, 15; 
founder of, 15; named in honor of 
Admiral Penn, 16; treaty and set¬ 
tlements, 16; the first General As¬ 
sembly, 17 ; early government of, 
18-23; system of local government, 
27; elemental unit of government 
in, 28 ; local government in, 24-60 ; 
legislative department, 63-71 ; ex¬ 
ecutive department, 72-90; judicial 
department, 91-110; public debt, 
62; State officers and salaries, 89- 
90; voting qualifications in, 111; 
taxes in, 136; early constitutions 
of, 174; present constitution of, 
355 ; ratifies Federal Constitution, 
340. 

Pensions, facts concerning, 328. 

People, supreme, 176; make the Na¬ 
tion, 285 ; Lincoln’s saying, 287. 

Perfect religious freedom, 20. 

Petition of Right, 288. 

Petition, right of, 182; for redress of 
grievances, 275. 

Philadelphia, departments in, 45 ; term 


INDEX 


423 


of mayor, 45; bureaus, 45; other 
leading officials, 46; councils, 46; 
magistiates and constables, 46; 
public schools of, 47; superior 
court holds sessions in, 106; su¬ 
preme court sits at, 108; Constitu¬ 
tional Convention met in, 287. 

Philippines, domestic rates of postage 
apply to, 210; government of un¬ 
der War Department, 241 ; territor¬ 
ial government of, 263. 

Pinckney, Charles C., member of the 
Convention, 290. 

Pickering, John, impeachment of, 197. 

Piracy, Congress has power to define 
and punish, 211. 

Pittsburg, city of the second class, 47 ; 
plan of government, 47 ; mayor and 
his duties, 47, 48 ; executive depart¬ 
ments of, 48; other officers, 48; 
councils in, 49; police powers in, 
49; magistrates in, 49; superior 
court sits at, 106; supreme court 
holds one term annually at, 108. 

Planting trees, 140. 

Plurality elects, 123. 

Police magistrates in cities of the sec¬ 
ond class, 49. 

Policemen are constables of the city, 
44. 

Political parties, 127; conventions of, 
128; means of conducting cam¬ 
paigns, 128 ; primary elections held 
by each, 128; Uniform Primaries 
Act, 129; conventions of, 131, 228; 
Naiionai conventions of, 228. 

Political rights defined, 7. 

Polk, James Knox, a minority Presi¬ 
dent, 233; his relation to the Mex¬ 
ican War, 353. 

Poll tax, a direct tax, 203. • 

Poor, overseers of, 32; directors of, 
59. 

Population, how classified, 10; of 
Pennsylvania in 1900, 13; of town¬ 
ships, 28 ; of Oklahoma, 308. 

Porto Rico, domestic rates of postage 
apply to, 210; government of, 263. 


“Posse comitatus,” 30; may be called 
by the sheriff, 54. 

Postal matter, 209, 210; classes of, 

210 . 

Post-office Department, 242; officers 
of, 243. 

Postmaster-General, order of succes¬ 
sion to Presidency, 235; duties of, 
242; classes of postmasters, 243; 
postoffices and expenditures, 244; 
Universal Postal Union, 244; rates 
of postage, 244. 

Postmasters, certain postmasters ap¬ 
pointed by the President, 237; oth¬ 
ers by the Postmaster-General, 242 ; 
how salaries are determined, 243; 
classes of, 243; number of post- 
offices, 243. 

Power, a sovereign, 133; vesting the 
taxing, 135; military subordinate 
civil, 183; of suspending laws, 183; 
excepted and forever inviolate, 183; 
scope of Federal, 186; Congress 
has power to establish Territorial 
governments, 262. 

Power of Governor to appoint officers, 
73. 

Powers denied, to Congress, 218; to 
States, 221 ; to the Federal govern¬ 
ment, 316; prohibitions upon both 
State and Federal governments, 316. 

Powers not delegated to Congress nor 
prohibited to States are reserved to 
the people, 279. 

Powers of Congress alone, 219, 238. 

Powers of the President, 354. 

Powers of the Provincial Council, 19. 

Powers under the Constitution, dis¬ 
tribution of power, 315; concur¬ 
rent powers, 316; the three prohi¬ 
bitions, 316; implied and delegated 
powers, 321. 

Preamble, to the Constitution of Penn¬ 
sylvania, 178; to the Federal Con¬ 
stitution, 388. 

Pre-emption Act, 265. 

Presidency, law of succession to, 235. 

Presidents of the United States, list 


424 


THE AMERICAN CITIZEN 


of, 402; and Vice-Presidents, 403. 

President, represents the unity and 
power of the Nation, 187 ; the Ex¬ 
ecutive power in one person, 224; 
qualifications, 225; term of office, 
226; re-election of, 226: Washing¬ 
ton, Jefferson, and Grant in relation 
to third term, 226; burden of re¬ 
sponsibility great, 226; how chosen, 
226-231 ; how candidates are nomi¬ 
nated, 228 ; meeting of Presidential 
Electors, 229; dangerous poss¬ 
ibility, 229; change in the man¬ 
ner of Electors voting for, 230; 
when chosen by the Representa¬ 
tives, 231; two instances cited, 231; 
why such method of choice is prop¬ 
er, 232 ; minority Presidents, 232 ; 
changes in method of election sug¬ 
gested, 233; the Electoral Com¬ 
mission, 234; the Electoral count 
law, 234; law of succession, 235; 
Vice-Presidents who have succeed¬ 
ed upon death of President, 235; 
inauguration of, 236; inaugural 
oath, 236; exceptional dates 
of inauguration of, 236; sal¬ 
ary of, 236; must not accept cer¬ 
tain gifts, 236; official residence of, 
236; powers and duties, 237 ; is 
Commander-in-chief of army and 
navy, 237; pardoning power of, 
237; cannot pardon in cases of 
impeachment, 237; makes treaties, 
237 ; power to appoint officers, 237 ; 
may summon either or both houses 
of Congress in extra session, 237 ; 
appoints postmasters and revenue 
officers, 237 ; commissions officers, 
237; receives ambassadors and oth¬ 
er public ministers, 237; appoints 
diplomatic representatives, 237 ; ap¬ 
points Justices of the Supreme 
Court, 237; messages of, 238 ; ini¬ 
tiative power concerning laws, 238 ; 
veto power of, 238; appoints Cabi¬ 
net, 239 ; the Administration, 240 ; 
exercises important legislative pow¬ 


ers in veto, 272; the twelfth amend¬ 
ment, 281 ; an error concerning 
Senator Atchison, 295 ; dual Execu¬ 
tive suggested, 296; direct vote for, 
suggested, 350 ; powers of, 353. 

President pro tempore of the State 
senate, 65 ; the only officer that is 
a member of the senate, 65; ap¬ 
points the senate committees, 68. 

Presidential Electors, who may be 
chosen, 226; elected by the people, 
227 ; elected on the same day, 227; 
vote for specified candidates, 227; 
chosen on a general State ticket, 
but may be divided, 229; a possi¬ 
ble danger, 229; meeting of, time 
and place, 229; three lists sent, 
229; precautions taken to insure 
delivery to Piesidcnt of the Senate, 
230; counting their votes, 230; 
how the result is declared, 230; 
loyalty to party, 350. 

Presidential Succession, law of, 234. 

Press, must be free, 8, 180. 275. 

Primary elections, 128. 

Prison inspectors, 60. 

Pritchard, Judge, decision of, 281. 

Privateering, 215. 

Privileges and immunities, of mem¬ 
bers of Congress, 199. 

Probate courts, how named in Penn¬ 
sylvania, 332. 

Property tax, laid upon real estate, 
and on personal effects, 137. 

Prosecuting attorney, duties of, 310. 

Protection defined, 204; of home in¬ 
dustries through tariff, 204. 

Prothonotary, the, clerk of common 
pleas, 55. 

Provisions of the Frame of 1701, 22. 

Public credit, 205 ; debts of the Uni¬ 
ted States, 205 ; freedom from debt 
not vital, 205 ; the report of Ham¬ 
ilton, 309. 

Public lands, 264; method of subdi¬ 
vision due to Jefferson, 264; Or¬ 
dinance of 1785, 264; of 1787, 265 , 
the -glory of the dying Continental 
Congress, 265 ; Homestead Act, 


INDEX 


425 


265 ; sales of the public lands, 266. 

Public schools, in Pennsylvania, 153; 
in townships, 34; assessors make 
lists of school children, 32; super¬ 
intendents of schools in cities and 
boroughs, 43; superintendent of 
county, 59 ; public schools of Phil¬ 
adelphia, 47; history of, 153-173. 

Punishments, cruel and unusual for¬ 
bidden, 279. 

Purchase of Penn’s claims by the 
State, 23; settlement of cer tain 
pensions granted by the British 
government, 291. 

Qualifications, for township offices, 
29; of mayor, 41; of city solici¬ 
tor, 43; of county officers, 52; of 
district attorney, 56; of county su¬ 
perintendent of schools, 59; of 
jury commissioners, 60; of sena¬ 
tors, 64 ; of representatives, 64 ; of 
the Governor, 73; of lieutenant- 
governor, 73; of attorney-general, 
79; of State librarian, 83 ; of com¬ 
missioner of banking, 85 ; of mine 
inspectors, 86; of chief of depart¬ 
ment of mines, 86; of the com¬ 
missioners of heath, 87; of a juror, 
96; of judges, 103; of voters, 111; 
of members of House of Represen¬ 
tatives, 190; of Senators, 194; of 
President and Vice-President, 225 ; 
of Presidential Electors, 226; of 
the Secretary of the Treasury, 241 ; 
no religious test, 269. 

Quartering soldiers upon the people 
forbidden, except in time of war, 
183; forbidden by U. S. Constitu¬ 
tion, 276. 

Quarter sessions court may organize 
boroughs, 37; a criminal court, 55; 
clerk of, 55. 

Quorum, a majority in each house, 
67; in the Houses of Congress, 
200; of States when choosing a 
President, 231 ; counting of, by 
Speaker Reed, 329. 


Railroads, importance of, 147; public 
highways and common carriers, 
147 ; State regulates, 148; restric¬ 
tions of, 148; right of eminent do¬ 
main, 148 ; powers as common car¬ 
riers limited, 149; competing lines 
must not consolidate, 149; passes 
limited, 149; interstate commerce, 
149; a railroad State, 150; facts 
regarding, 152; rate law of, 249; 
control by Interstate Commerce 
Commission, 249; limitations of, 
302. 

Railway, first in America, was laid in 
Pennsylvania, 152. 

Randolph, Edmund, first Attorney- 
General, 290; answers objections, 
341. 

Ratification of the Constitution, 272; 
Rhode Island last to ratify, 272 
and 342; facts concerning, 340-342. 

Ratio of representation, 190. 

Rebates prohibited, 249. 

Rebellion, debt incurred in not to be 
paid by the United States, 206. 

Receipts and expenditures of the Na¬ 
tional government, 305. 

Recorder of deeds, 56. 

Records of States valid, 260. 

Reed, Thomas B., decision in count¬ 
ing a quorum, 328. 

Referendum, defined, 34 7 ; relation to 
initiative, 348; strength of, 348. 

Register of wills, duties of, 55. 

Registering mail matter, 210. 

Registration, manner of in townships, 
112; in cities, 119; non-registered 
persons, 119. 

Religious tests, none for officers, 269; 
union of church and state forbid¬ 
den, 275. 

Religious freedom, 275. 

Removal from office, 110. 

Representation of the minority, 300. 

Representatives, in Pennsylvania, 61- 
72; qualifications, 64; election and 
term of office, 64; salary, 65; or- 


426 


THE AMERICAN CITIZEN 


gardzation, 66; elect their own 
speaker, 66 ; rules of the house, 67 ; 
journal and votes, 68; revenue bills 
must originate in the house, 68; 
secret sessions rare, 68; commit¬ 
tees appointed by speaker, 68; 
house has sole power of impeach¬ 
ment, 70; new apportionment, 71. 

Representatives in the National 
House, chosen for two years, 18S; 
elected by the people, 189; num¬ 
ber of, 189 ; ratio of representation, 
190; number sent by Pennsylvania, 
190; qualifications of, 191; elect¬ 
ed by districts, 191 ; Congressmen- 
at-large, 191 ; need not be residents 
of their districts, 191; members 
not officers of the United States, 
191; “gerrymandering,” 192; fill¬ 
ing of unexpired terms, 192; of¬ 
ficers of the House, 192; compen¬ 
sation of, 193; salary of Speaker 
of House, 193; “father of the 
House,” 193; oath of office, 193; 
special session of Representatives 
never called, 199 ; shall not be 
questioned as to speech or debate, 
199; may not hold office under U. 
S. during term, 199. 

Reprieves may be granted by the 
Governor, 74; by the President, 
237. 

Republic, defined, 5 ; a democratic 
republic, 5 ; the keynote of, 6. 

Republican form of government guar¬ 
anteed to the States, 266. 

Republican party, 217. 

Republic of Panama, treaty with, 307. 

Repudiation of any part of public 
debt forbidden, 205. 

Repudiation of Confederate debt, 205. 

Requisition, Governor’s, for fugitives 
from justice, 74; defined, 260. 

Residence, defined, 10; not gained or 
lost by students attending school, 
11; at time of necessary in voting, 
111 . 

Residence of Governor, 73. 


Resolution, concurrent, of Congress, 
282 and 391. 

Revenue bills, must originate in the 
House, 198, 201. 

Rhode Island ratifies the Constitution 
after proceedings under it had be¬ 
gun, 272. 

Right to bear arms, 275. 

Rights, bill of, 179; four great 
classes, 6 ; individual, 6 ; social, 7 ; 
political and religious, 7; 
of an American citizen, 8 ; of an 
alien, 9; of taxpayers under the 
“Great Raw,” 21 ; declaration of, 
178; natural rights, 179; of re 
ligious liberty, 179; of trial by 
jury, 180; of security of person 
and home, 180; of bail, 180; of 
right of justice, 182; of right to 
assemble, to bear arms, and to pe¬ 
tition, 182; of eminent domain, 
182; first ten amendments to the 
United States Constitution a bill 
of, 274; reserved rights, 279. 

Rittenhouse, David, finishes the Ma¬ 
son and Dixon line, 15. 

Road commissioners, 31. 

Road jury, duties of, 141. 

Roads, tax for, 140; appropriations 
for, 141 ; executive officer of high¬ 
way department, 141 ; how roads 
are made, 141. 

Root, Elihu, signs arbitration treaty, 
1908, with Japan, 336. 

Roosevelt, Theodore, became Presi¬ 
dent upon death of William Mc¬ 
Kinley in 1901, 235; took the oath 
of office in Buffalo, 296; recog¬ 
nizes independence of Panama, 307 ; 
admission of Oklahoma, 308; our 
youngest President, 337. 

Rules of Congress, each house deter¬ 
mines its own, 200 ; importance of 
committee on, 201. 

Rules of order, in General Assemblv, 
67. 

Rural free delivery, 210; boxes must 
be furnished by pations, 211. 


INDEX 


427 


Safety, public, one of the departments 
in large cities, 48. 

Salaries of county officers, 52. 

.Salaries of Federal officers, 352. 

Salaries of officers in Pennsylvania, 
89-90; cannot be changed during 
term of office, 361. 

Samoan Islands, how governed, 263. 

San Francisco, the great fleet at, 338. 

Schaeffer, Nathan C., State superin¬ 
tendent of schols, 162. 

School directors, 34; women eligible, 
34; elect a county superintendent, 
34; composition of the school 
board, 164; make an annual report 
to the county superintendent, 164. 

Schools, public, cost in Pennsylvania, 
165; tax rate limited to 26 mills, 
34; of Philadelphia not under the 
general system, 47 , number of, 
165; expenditure for, 165; value 
of property, 165; free text-book 
system, 166; compulsory attend¬ 
ance, 167; high schools, 169. 

School superintendents in Pennsylva¬ 
nia chosen by the directors, 58; 
may be women, 59; salary, 164; 
school lands in Western States, 
264. 

Scotch-Irish, where settled, 315. 

Scranton, a city of second class, 47; 
superior court sits at, 106. 

Sea-ports, no preference can be shown 
by Congress, 221. 

Searches, illegal, forbidden, 180. 

Search warrants, cannot be issued 
without probable cause nor without 
description, 180;; illegal searches, 
277. 

Secession, defined, 286; dies in the 
Civil War, 287; Lincoln’s speech 
concerning, 299; follows Kansas 
struggle and ether events, 311. 

Secretary of Agriculture, order in 
succession, 235; duties of, 245 ; 
Weather Bureau a branch of his 
department, 245; other bureaus, 
245. 


Secretary of Commerce and Labor, 

order in succession, 235 ; duties of, 
246; U. S. Census, 246; other bu¬ 
reaus, 246; important officers, 246. 

Secretary, of Internal Affairs, 78 ; of 
Agriculture, 80; of Committee of 
Lunacy,—salary, 89 ; private sec¬ 
retary to the Governor, 89. 

Secretary of State, the member of the 
Cabinet first in succession to the 
Presidency, 235 ; duties, 240; keep¬ 
er of the Great Seal, 240; head of 
the diplomatic and consular ser¬ 
vice, 240; negotiates treaties, 240; 
accredits certain ministers, 247. 

Secretary of the Commonwealth, 77; 
the keeper of the Great Seal, 77; 
a member of the Board of Pardons, 
87. 

Secretary of the Interior, duties of, 
245 ; public and Indian lands, 245 ; 
Commissioners in department, 245 ; 
amount disbursed t o pensioners, 
245. 

Secretary of the Navy, duties of, 244; 
bureaus of his department, 244 ; or¬ 
der of succession to the Presidency, 
235. 

Secretary of the Treasury, order of 
succession, 235 ; duties of, 240 and 
241 ; who may not hold this office, 
241. 

Secretary of War, order of succession 
to the Presidency, 235 ; powers and 
duties of, 241 ; usually not a sol¬ 
dier, 241. 

Security of person, home, and effects, 
276. 

Selecting the jury, 96. 

Senate of Pennsylvania, 63-71 ; elec¬ 
tion of, 63 ; salary of members, 65 ; 
senators cannot hold other office, 
64; committees appointed in sen¬ 
ate by president pro tempore, 68; 
all cases of impeachment tried by, 
70; has sole power of confirming 
Governor’s appointments, 70. 

Senate of the United States, how con- 


428 


THE AMERICAN CITIZEN 


stituted, 193; equality of represen¬ 
tation conceded to small States, 
193; exceptional lengths of terms, 
193; number of Senators, 194; 
classes, 194, qualifications of Sen¬ 
ators, 194; election of Senators, 
195 ; officers of Senate, 195 ; va¬ 
cancies supplied, 195; compensa¬ 
tion, 196; sole power to try im¬ 
peachments ,196; cases of impeach¬ 
ment, 197; Senators not civil offi¬ 
cers, 197 ; relation to revenue bills, 
regular sessions of, 198; spe¬ 
cial sessions, 199; privileges and 
disabilities of Senators, 199; quo¬ 
rum, rules, contests, expulsions, 
200; the journal, 200; bills, how 
defeated, 202; votes for President 
and Vice-President counted in pres¬ 
ence of, 230 ; when the Vice-Presi¬ 
dent is chosen by, 232; the only 
choice so made, 232; ratification 
of treaties and confirmation of ap¬ 
pointments by, 237. 

Sentence, the, 97; the commutation 
of, 97. 

Sessions, of the General Assembly, 
64; special, 64; of the senate on 
executive business, 74. 

Shanghai, boycott of American goods 
at, 301. 

Shaw, Col. Robert G., civic courage 
of, 347. 

Sheriff, the, in Pennsylvania, 53 ; is 
usually the jailer, 54; serves all 
legal processes, 54; has charge of 
the jury-wheel, 54; makes procla¬ 
mation of general elections, 54 ; the 
Federal, 257. 

Sherman Act, requirements of, 345 ; 
purchasing clause repealed, 346. 

Shire-mot, a county meeting, 287. 

Silver certificates not legal tender for 
all public debts, 208. 

Silver coinage, amount of, 303 ; un¬ 
der the Bland-Allison Act, 345 ; de¬ 
monetization, 346. 

Single tax, the, defined, 302; argu¬ 


ment for, 303 ; expenses paid by, 303. 

Sinking fund, cities shall create, 139. 

Slavery, first organized effort against 
American, 177; first emancipation 
act, 177; abolished in terms of 
Wilmot Proviso and Ordinance of 
1787, 282; the Emancipation Proc¬ 
lamation, 282; text of the Proviso, 
295; abolished in District of Co¬ 
lumbia, 299. 

Slaves, no claims for emancipation of 
allowed, 206; foreign slave-trade 
forbiden, 218; African slave trade 
declared piracy, 218; emancipation 
of, 282; free forever, 285. 

Smithsonian Institution, 251. 

Society, defined, 2. 

Soldiers must not be quartered' on the 
people except under certain condi¬ 
tions, 183, 276. 

Solicitor, city, 43; county, 58. 

Solicitor - General of United States, 
chief assistant to Attorney-General, 
242. 

South Carolina, did not prohibit for¬ 
eign slave-trade, 218; hostile sets 
of Electors in, 234 ; desires amend¬ 
ments, 273; cojitrol of liquor traffic 
through State dispensaries, 281 ; in¬ 
fluence of the Pinckneys prevails, 
341. 

Sovereign power, three-fold division 
of by Anglo-Saxon race, 52; taxa¬ 
tion and government, 133. 

Speaker of the house of representa¬ 
tives in Pennsylvania, 66 ; appoints 
the committees in the house, 68. 

Speaker of the National House of 
Representatives, 192; elected by 
the House, 192; third officer of 
the government and second only to 
the President, 192; salary of, 193; 
appoints a 1 1 committees of the 
House, 192; chairman of the com¬ 
mittee on rules, 201 ; power of, 
322; exclusive powers relating to 
committees, 322. 

Special legislation forbidden in Penn- 


INDEX 


429 


sylvania by the State constitution, 67. 

Speech, free, a quality of civil liberty, 
8; guaranteed by Constitution of 
the United States, 275. 

Specific duties, 205. 

Spoils System corrected through ac¬ 
tion of Civil Service Commission, 
248; antedates Andrew Jackson, 
294. 

Staff, Governor’s chief of, 82 ; gener¬ 
al, of U. S. army, 213 and 241. 

Standards of Value, the single and 
double, 303. 

Standing army, State has none, 182; 
of the United States, 212; strength 
of, 213. 

S.tate, a citizen of the State, 8 ; the 
“Keystone,” 12-17; Pennsylvania, 
boundaries of, 13; government of, 
61-62; debt of, 62; has had four 
constitutions, 62; the constitution, 
62; apportionment of the, 70; con¬ 
ventions, 131 ; right of eminent do¬ 
main, 145; banking laws, 146; 
the first constitution, 175; second 
and third constitutions, 176; the 
constitution of 1873, 176; one of 
the original States, 177 ; State gov¬ 
ernments as models, 185 ; scope of 
power, 185; powers denied to, 222; 
admission of a new, 262; cannot 
be sued in Federal courts by indi¬ 
viduals, 280. 

State banks, at present no State 
banks of issue, 146. 

State Church in England, in Scotland, 
and in Russia, 275. 

State conventions, 131; nominate the 
Presidential Electors, 228. 

State constitutions, 174-177. 

State governments in relation to the 
National government, 185 ; must be 
republican in form, 266. 

Statehood, provisions concerning, 266 ; 
mode of admission to, 307 and 308. 

State librarian, 83. 

State, Secretary of, order of succes¬ 
sion to the Presidency, 235 ; ac¬ 


credits certain ministers, 247. 

State treasurer, 80. 

Stevens, Thaddeus, 155 - 158; gains 
victory for free schools, 159; nom¬ 
ination of, 299. 

Stewart, John Q., deputy State super¬ 
intendent, 162. 

St. Gaudens, memorial to Col. Shaw, 
346. 

Stoddert, Benjamin, first Secretary of 
the Navy, 293. 

Stone, William A., a minority Gov¬ 
ernor, 124. 

Street Railways, 151. 

Strict construction, 217. 

Strikes, the Chicago, 266 ; in a sense 
the weapons of employees, 325 ; 
Governor Altgeld and President 
Cleveland, 326. 

Succession, order of as to the gov¬ 
ernorship, 75; order of as to the 
Presidency, 235 : historical order 
of the executive departments, 292; 
no actual succession to Vice-Presi¬ 
dency, 196. 

Suffrage, right of, 111. 

Suits, civil, in United States courts, 
256 and 278. 

Sulu Islands, 263. 

Superintendent, of city schools, 43; 
of county schools, 58 ; grants two 
kinds of certificates, 59; elected 
by directors, 59 ; women eligible to 
superintendency of schools, 59; of 
Public Instruction in Pennsylvania, 
78; commissions superintendents, 
78; of Public Printing, 84; of 
Public Buildings and Grounds, 84; 
of State Police, 90. 

Superintendent of Public Instruction 
of Pennsylvania, 78; commissions 
superintendents, 78; can be re¬ 
moved only by impeachment, 78 ; a 
member of S f ate Board of Agricul¬ 
ture, the Medical Council, and the 
College and University Council, 87- 
88 ; salary of, 89; duties in regard 
to examinations in State normal 


430 


THE AMERICAN CITIZEN 


schools, 170; grants permanent 
certificates, 171. 

Superintendent of the Coast Survey, 
246. 

Superior, court of State, 1 05. 

Supervisors, 31 ; levy the annual road 
tax, 31 ; under certain circum¬ 
stances may act as constables, 31 ; 
office abolished in townships of the 
first class, 35. 

Supreme court of Pennsylvania, 106. 

’Supreme Court of the United States, 
jurisdiction of, 253 ; character and 
power of, 254 ; the most original 
of American institutions, 254; or¬ 
iginal jurisdiction of, 255. 

Surrogate’s or orphans’ court, 331. 

Surveyor, county, 58. 

Swayne, Charles, impeachment of, 
197. 

“Sweeping Clause,” 216. 

Switzerland, referendum and initia¬ 
tive in, 347 and 348. 

Takahira, Baron Kogoro, 337. 

Taney, Roger B., Chief Justice, a de¬ 
cision by, 298. 

Tariff, a schedule of taxes, 204 ; rev¬ 
enue-tariff defined, 204 ; protective, 
defined, 204; free trade defined, 
204; how tariff is collected, 205. 

Tax bills in Pennsylvania must origi¬ 
nate in the house of representa¬ 
tives, 70. 

Taxes, defined, 133; direct and in¬ 
direct, 134; right to levy not un¬ 
limited. 134; assessment of, 135: 
collecting, 136; county, 137; town¬ 
ship, 137 • borough and city, i 38 ; 
school, 139; how collected, 139; 
certain property exempted, 140: 
road, 140; poll taxes and income 
taxes direct, 203; duties and ex¬ 
cises are indirect, 204 ; direct tax¬ 
es used during the Civil War and 
Spanish-American War, 204; a di¬ 
rect tax must be proportional to 
the population, 219; a capitation 


tax, 220; income tax, 220; the 
single, 302. 

Taxes, payment of, necessary to vot¬ 
ing in Pennsylvania except when 
“voting on age,” 112. 

Taylor, Zachary, a minority Presi¬ 
dent, 233; dies while in office, 235; 
Vice-President Fillmore and he did 
not take oath of office on Sunday, 
March 4, 1849, 295. 

Teachers’ certificates in Pennsylvania, 
171. 

Telegraph lines, how controlled, 146. 

Territorial courts, 258. 

Territories, government of, 262; un¬ 
organized, 263 ; commiss ioners 
from, 263; relation to history of 
slavery, 265 ; slavery abolished in, 
299; the District of Columbia prac¬ 
tically a territory, 299. 

Test, religious, shall not be required, 
269. 

Texas, wholesale or collective natur¬ 
alization in, 206; annexed as a full- 
fledged State, 206. 

Tilden, Samuel J., decision of Elec¬ 
toral Commission regarding elec¬ 
tion of, in 1876, 234; large plurali¬ 
ty for, 351. 

Titles of nobility cannot be granted 
by State, 183; Congress prohibit¬ 
ed from granting, 221. 

Tonnage tax, State cannot impose, 

222 . 

Towns or townships of New England, 
25 ; mass-meetings in, 25. 

Township, the New England type, 
25; in Pennsylvania, 27; the ele¬ 
mental unit, 28; how made, 28; 
officers of, 28 ; qualifications of of¬ 
ficers, 29 ; the clerk of, 33 ; officers 
of townships of the first class, 35 ; 
duties of county commissioners re¬ 
garding classification, 36. 

Training of teachers in Pennsylvania, 
170. 

Traverse or petit jury, 94. 

Treason defined, 259; cannot work 


INDEX 


43 i 


corruption of blood, 259 and 396. 

Treasurer, borough, in Pennsylvania, 
38; city, 42; county, 57; State, 
80; makes monthly statement re¬ 
garding funds, 80. 

Treasury of the United States, notes 
issued on security of bullion in, 
208 ; such notes a legal tender in 
most cases, 208; money drawn 
from, only by appropriation, 221. 

Treasury, Secretary of the, order of 
succession to the Presidency, 235; 
powers and duties of, 240; con¬ 
ducts the finances of Nation, 240; 
who may not hold this office, 241 ; 
assistants in work, 241. 

Treaties, States cannot make sepa¬ 
rately, 222; are made by the Pres¬ 
ident, 237; must be confirmed by 
the Senate, 237; the supreme law, 
269. 

Trial by jury, 91 ; right to it remains 
inviolate, 92. 

Tribe, caused by related mteiests, 1 , 
tribal relations, 283. 

Trusts, regulation of, 149; Interstate 
Commerce Commission, 149; de¬ 
fined, 326; development cf, 327 ; 
control of, 328. 

Trusts, defined, 326. 

Tutuila, under a governor, 263. 

Tyler, John, becomes President upon 
death of William H. Harrison in 
1841, 235; forbids occupation of 
Hawaii, 319; the “Monroe Doc¬ 
trine of the Pacific,” 319. 

“Understanding clause,” relation to 
voters in Mississippi, 324. 

Union of church and state forbidden, 
275. 

United States, bonds, 205 ; public 
debt of, 205; how the country is 
represented, 246; kinds of coinage 
in, 303 ; commissioners, 314. 

University of Pennsylvania /estab¬ 
lished, 173 

Utah, men cannot work more than 


eight hours per day in mines of, 
325. 

Vacancies, temporarily filled by the 
President, 237; in Congressional 
representation, 192, 195. 

Valparaiso, lyvans in command of the 
Yorktown in harbor of, 338. 

Veto, of bills by the Governor, 75; 
use of this power his most serious 
duty, 76; how a bill may become 
a law notwithstanding a veto, 69; 
of bills by the President, 201 ; pass¬ 
ing a bill over a, 202; a “pocket 
veto,” 202. 

Vice-President, is President of the 
Senate, 195 ; has no vote except in 
case of equal division, 195; salary 
of, 196; may be impeached, 197; 
qualifications of, 225 ; term of of¬ 
fice, 226 ; opening of sealed certifi¬ 
cates, 230; when chosen by the 
Senate, 232; succession to the 
Presidency, 234 ; inaugural oath of, 
•236. 

Villages, unincorporated, 37. 

Virginia claims part of Pennsylvania, 
15; early county in, 25; divided 
during Civil War, 262; plan pro¬ 
posed by delegates from, 270; asks 
for amendments, 273 ; its bill of 
rights, 274; receives back its ces¬ 
sion, 292; “ex-soldier clause” of 
constitution, 323; ratifies the Con¬ 
stitution, 341. 

Vote, concurrent, 201, H3. 

Voters, qualifications of, 111; priv¬ 
ileges of, 113; payment of taxes 
required, 112; registration of, 119; 
non-registered, 119; bribery of, 
121 ; qualifications vary in differ¬ 
ent States, 207. 

Voting, “on age,” 112; room and 
booths, 113; mistakes in, 116; 
manner of, 117 ; officers and watch¬ 
ers, 117; a challenge in, 121; right 
of must not be denied on account 
of race or color, 111 and 284, 


43 2 


THE AMERICAN CITIZEN 


Waller, David J. Jr., State superin¬ 
tendent of schools, 162. 

War, may be declared only by Con¬ 
gress, 211; Secretary of, 241. 

Warrants, for searches and seizures, 
when and how they shall be issued, 
276. 

Washington City, site selected by 
our first President, 292; govern¬ 
ment of, 310. 

Washington, George, sets example of 
retiring at close of second term, 
226; president of the Convention, 
1787, 290; selects site for National 
capital, 292; words from his ad¬ 
dress, 342. 

Ways and Means, committee of, 331. 

Weather Bureau, an important branch 
of the Department of Agriculture, 
245. 

Weaver, James B., the populist can¬ 
didate for President, 229; Elector¬ 
al votes lor, 351. 

Webster, Daniel, appeals famous case 
to Supreme Court, 223 ; forbids oc¬ 
cupation of Hawaii, 319; praises 
the military power of England, 321. 

Weights and Measures, how standards 
are fixed, 208, 

West Point, military academy at, 242; 
how c a de t s are appointed, 242 ; 
course of study at, 242; pay of 
cadets, 242. 

West Virginia admitted without con¬ 
sent of Virginia, 262. 


White House, name commonly given 
to the executive mansion at Wash¬ 
ington, 236. 

Wickersham, James P., establishes 
the first State normal school of 
Pennsylvania, 161. 

Williamsport, superior court sits at, 
106. 

Wills, register of, 55. 

Wilmot, David, tomb of, 294; text 
of celebrated “proviso,” 295. 

Wilson, James, a member of Conven¬ 
tion of 1787, 290; Washington’s 
estimate of, 340. 

Witness, in criminal cases no one 
compelled to testify against himself, 
277. 

Witnesses, how summoned to court, 
96. 

Wolf, Governor George, signs the 
school law of 1834, 160. 

Women, may hold certain offices in 
Pennsylvania, 34, 59. 

Works, public, one of the departments 
in large cities, 48. 

Wyoming, in like manner with Massa¬ 
chusetts, requires an educational 
qualification, 284 and 323; rights 
of labor in, 325. 

Yeas and Nays, entered in journal, 

200 . 

Yorktown, Evans in command of, at 
Valparaiso, 339. 


















































































































































A GLOSSARY OF TERMS 


RELATING TO 

CIVIL GOVERNMENT 


TO ACCOMPANY TI^E TREATISE 


“THE AMERICAN CITIZEN” 

4 

l 

BY 


k • , . . A . * 41 *# A 

ALBERT E. MALTBY, Ph. D. 


O 


SLIPPERY ROCK, PA. 

THE SLIPPERY ROCK PRINTING CO. 

1908 




COPYRIGHT I902 
BY 

ALBERT E. MARTBY 

[Part of “ The American Ciiif 


GLOSSARY OF TERMS 


Accessory —An accessory to a crime is one who aids or is con¬ 
cerned in the commission of a crime. One who advises, procures, or 
commands another to commit a crime is an accessory before the fact; 
while the one who conceals a criminal knowing of his offense, or gives 
him aid in order that he may escape punishment, is an accessory after 
the fact. 

Act. —A decision of a legislative body. A law of a State or of the 
United States. 

Adjournment. —The putting off until another day or time speci¬ 
fied, or without day. The recess or interval during which a public 
body suspends its sittings or postpones business. 

Administration. —The term of office during which a President 
conducts the affairs of the country. The President and the Executive 
Department. 

Administrator. —A person appointed by the court to manage 
and settle the estate of a deceased person. 

Admiralty. —A jurisdiction which deals with naval or marine 
affairs. The court which has such jurisdiction. 

Affidavit. —Any authorized ex parte written statement of a person, 
sworn to or affirmed before a competent magistrate. It is made without 
cross-examination, and requires no notice to the opposing party. 
Generally, it is signed by the person making it, and may be drawn up 
by himself or by any other person. 

Affirmation. —A solemn declaration, made under penalties of 
perjury, by persons who decline to take an oath. 

Alien. —A foreign-born resident of a country in which he does 
not possess citizenship ; a foreigner. 

Alliance.^-A union between two or more nations, by treaty or 
contract, for their mutual benefit. 

Ambassador. —A minister of the highest rank sent on public 
business from one country to another. He resides at the capital of the 
country to which he is sent. 


2 


GLOSSARY OF TERMS 


Allodial Tenure. —The absolute ownership of land, free from 
rent or service. Opposed to feudal tenure, wherein land is held sub¬ 
ject to a fee or service, as in England or as held in this State under 
the Penns. 

Amendment. —An addition made to the Constitution, usually 
changing some part of it. An alteration in a bill or other document 
while passing through the stages of legislation. 

Appellate Jurisdiction.—The power or authority whereby a 
higher court hears cases on appeal from judgment of a lower court. 
The jurisdiction of the Supreme Court. 

Appointment. —The exercise of the power of designating or 
naming a person to hold office. Presidential appointments are very 
numerous, and constitute a very important part of his duties. They 
are usually made for four years and the officers are given commissions 
signed by the President. 

Apportionment. —The distribution of Representatives among 
the States ih the proper proportion to population. 

Appropriation. —Money authorized by law to be taken out of 
the treasury, and to be applied to a special use or purpose. 

Arbitration. —The settlement of disputed cases by disinterested 
persons. War may often be averted when international disputes are 
submitted to arbitration. Persons chosen to determine the contro¬ 
versy are called arbiters , and the decision is called an award. Several 
important matters in controversy between the United States and other 
countries—notably with Great Britain—have been submitted to arbi¬ 
tration. 

Aristocracy. —A form of government in which the power is in 
the hands of a privileged order of men, distinguished for their rank 
and wealth. 

Arson. —The malicious burning of any dwelling or building the 
property of another. 

Assessment. —Charging with any sum of money as a due share 
or proportion; fixing or determining a tax. 

Attainder. —Extinction of civil rights in consequence of being 
condemned for treason or other capital crime. Literally, a staining or 
rendering impure; the corruption of the blood of the traitor so as to 
be no longer inheritable. 

Attorney and Counselor-at-law. —A term applied to a per¬ 
son who is entitled to practice law in the higher courts. The justices 


GLOSSARY OF TERMS 


3 


and judges in these courts must be attorneys and counselors-at-law. 
To be admitted to the bar as such, a person must be twenty-one years 
of age, a citizen of the United States, of good moral character, and 
have passed certain legal examinations set forth by the State law. 

Australian Ballot. —A form of ballot in which the names of all 
the candidates are printed on one ticket, and the voter is instructed to 
make cross-marks to indicate his choice of the candidates. Secrecy 
in ballot is thus obtained, and perfect independence is made possible. 

Bail. —The release of an accused person on security for his ap¬ 
pearance in court; the sum given as security; to release on such secur¬ 
ity; to admit to bail. 

Ballot. —A piece of paper used in voting. On this the voter in¬ 
dicates his choice of candidates, or his answer to any question sub¬ 
mitted to the body of voters. 

Bankrupt. —Any person who is unable to pay his debts; one who 
has been judicially declared unable to meet his liabilities. 

Bigamy. —The crime of having two wives or two husbands at 
the same time. 

Bill.—A proposed law. A form or draft of a law presented to a 
legislative body for enactment. 

Bill of Credit. —Paper issued by a State, on the faith and credit 
of the State, and designed to circulate as money. 

Bill of Indictment. —A written accusation lawfully presented 
to a grand jury. 

Bill of Rights. —A list of the rights and privileges claimed by a 
people; hence all those portions of a constitution, State or National, 
designed to secure liberty to the individual. The first ten amend¬ 
ments to the Constitution of the United States form a bill of rights. 
Most State constitutions contain such declarations of rights. 

Bimetallism. —The legalized use of two metals—gold and silver 
—in the coinage or specie currency of a country, at a fixed relative 
value. Bimetallists believe that the United States should permit free 
coinage of both gold and silver at a ratio fixed by law. Many others, 
who do not believe that it would be wise to throw the mints open to 
the world, advocate international bimetallism, a scheme in which the 
great nations shall agree to make both metals legal tender at a fixed 
rate and allow free coinage of both. 

Blockade. —This is the closing of the ports of the country of an 
enemy in order to prevent vessels from goingin or passing out. 


4 


GLOSSARY OF TERMS 


Body Politic. —The collective body of the people as politically 
organized, or as exercising political functions. A nation or commun¬ 
ity as constituted under government. 

Bond. —A writing of obligation, under seal, to pay a sum of 
money or to perform a contract. An evidence of indebtedness issued 
by the United States government for money which it has borrowed. 
The bond binds the government to pay a certain sum of money at a 
specified time, and to pay a certain rate of interest. In times of emer¬ 
gency money is raised by issuing bonds. Bonds are also issued by 
various corporations, such as cities, counties, railroads, steel compan¬ 
ies, etc. 

Borough. —An old Teutonic word meaning a “fortified place.” 
The inhabitants of a borough are called burghers or burgesses, and the 
chief executive is known as the chief burgess. 

Boycott. —To combine against an employer in such a way as to 
withhold social or business relations from him, and prevent others 
from holding such relations with him. 

Bribery. —The act of giving or receiving a reward as an induce¬ 
ment to official or political action. 

Burglary.—This is the forcible breaking into and entering in the 
night time the dwelling-house of another with the intent to commit a 
crime. In some States burglary includes the breaking with felonious 
intent into a house by day as well as by night, and intoother build¬ 
ings than dwelling houses. 

By-laws. —Local or subordinate laws; rules and regulations made 
by a private corporation for its own government. 

Cabinet. —The advisers or counselors of the President. The 
council consisting of the first nine heads of the executive departments. 

Candidate. —One who offers himself, or is put forward by others, 
as a suitable person for an office. Candidates are usually selected by the 
party assembled in mass, or acting through representatives chosen for 
that purpose. 

Canvass. —A systematic effort to obtain votes; a summing up of 
the votes cast for the various candidates. 

Capital. —Pertaining to the head. A name given to that city 
which is chief in a political sense, as being the seat of government of 
the State or Nation. Capital crimes are those punishable by death. 
Capital is the accumulated product of labor. 


GLOSSARY OF TERMS 


5 


Capitation Tax. —A tax assessed on every head or person with 
out reference to property; a poll tax. 

Capitol..—The building at Washington occupied by Congress; 
the building in which the Legislature of the State holds its sessions; a 
statehouse. 

Caucus. —A meeting of persons belonging to a party, for the pur¬ 
pose of nominating candidates for public office, or for making arrange¬ 
ments to secure their election; a political primary meeting. 

Census. —An official numbering of the people, with statement of 
the value of their property, and other general statistics of the country. 
A general census of the United States was first taken in 1790, and one 
has been taken at the end of every ten years since. 

Challenge.—To object to the taking of the vote of a person, as 
011 the ground that the person is not a qualified voter. Objection'or 
exception to proposed members of a jury or of a court. 

Chancery. —Equity; a court of equity. These terms are more 
often used in American law than the terms chancery and court of 
chancery. 

Charter. —A written instrument, executed in due form, granting 
rights, franchises, or privileges. 

Circuit. —A large district of the country, to which a Justice of the 
Supreme Court makes periodical visits for the administration of jus¬ 
tice. 

Citizen. —A person, native or naturalized, of either sex, who 
owes allegiance to the government, and is entitled to its protection. 
In the full acceptation of the term, a citizen is a member of the civil 
state entitled to all its privileges. But the right.to vote does not fol¬ 
low as a necessary consequence of citizenship. 

Civics.— The science of civil government. 

Civil —Pertaining to a citizen in his relation to other citizens or 
to the state. Not criminal; not military. 

Civil Case. —A suit at law to enforce the rights or redress the 
wrongs of an individual, not involving a criminal proceeding. 

Civil Government. —Civil government is the regulation, 
control and direction of the affairs of civil society. It consists of a 


6 


GLOSSARY OF TERMS 


body of laws defining the rights, privileges, and duties of members of 
the society; and of a body of persons, called officers, charged with the 
duty of seeing that the laws are obeyed and that offenders are pun¬ 
ished. It is the function of civil government to make it easy to do 
right and difficult to do wrong. 

Civil Service. —All service rendered to and paid for by the 
State or Nation other than that relating to naval or military affairs. 

Civil Service Reform. —The substitution of business principles 
and methods for the spoils system, in the appointments to office, and 
in the general matters of the civil service. The act of 1883 provides 
that appointments to the classified service shall be made only on com¬ 
petitive examination; removals for political reasons alone are forbid¬ 
den; political assessments by a government official or in a government 
building are prohibited. 

Cloture. —A method of putting an end to debate by means of a 
motion calling for the previous question, and securing an immediate 
vote upon the question before the legislative body. By this means a 
bare majority may pass any measure without giving the minority any 
opportunity to be heard. 

Coin. —The metallic money of a country; consisting of stamped 
metal, generally gold, silver, or copper, used as a measure of values. 

Colony.— A settlement of people in a distant country, who re¬ 
main subject to the government from which they removed. 

Commerce. —Trade carried on between different countries. It 
is 'essentially the process of transferring goods from persons and places 
where they have little value to places w r here the goods have greater 
value. The exchange of merchandise on a large scale; extended trade 
or traffic. 

Commission —A written warrant investing a person with author¬ 
ity in the performance of the duties of an office. A body of men select¬ 
ed for the performance of some specified duty or the execution of 
some special trust. 

Commit. —To send to prison; to put in charge of a jailer. 

Committee. —A body of persons appointed to examine or man¬ 
age any matter. 

Common Carrier. —One who undertakes to carry goods or per¬ 
sons for hire. 

Common Law.—The unwritten law, that receives its binding 


GLOSSARY OF TERMS 


7 


force from immemorial usage and universal custom as expressed in 
the judgments of the courts, and not from any statutes now extant. 
It is distinguished from the statute law, which owes its authority to 
acts of the legislature. The three fundamental political ideas in gov¬ 
ernment are embodied in the common law, the statute law, and the 
superior law or constitution. One of the good old maxims of our 
common law is that a man is assumed to be innocent until he is proven 
guilty. It is not for him to prove his innocence, but for the prose¬ 
cutor to prove his guilt. 

Common Pleas. —The court of common pleas is the court hav¬ 
ing jurisdiction over all civil cases. Its powers are defined by statute, 
and is usually limited to a county in territorial jurisdiction. 

Commonwealth. —A form of government in which the general 
welfare is considered rather than the welfare of any class. The term 
means the common “weal” or happiness, and the name is properly ap¬ 
plied to a state or body politic having a free or popular form of gov¬ 
ernment. 

Compensation. —A sum of money paid to an officer for services 
performed; pay or salary. 

Compromise. —An agreement reached by the parties to a dis¬ 
pute in which concessions are made on each side. An abatement of 
extreme demands or rights resulting in an agreement. 

Compulsory. —Rendered obligatory by authority; that which 
must be done. ' 

Concurrence. —Consent; agreement.. 

Concurrent. —Having the same right or claim; dealing with the 
same questions; agreeing in the same act or opinion. 

Confederation. —A union of independent States or countries for 
mutual benefit. 

Confirmation by the Senate. —The approval or sanction 
given through a majority vote by the Senate in secret session after 
due consideration of an appointment to office made by the President. 
Thus he may be said to act “by and with the "advice and consent of 
the Senate.” 

Congress. —The name given to the National Legislature, con¬ 
sisting of two houses: the Senate and the House of Representatives. 
It is also the name of so much of the continuous life of that body as 
comes within the fnll term of office of a Representative: as the Fif¬ 
ty-ninth Congress, 1905-1907. 


8 


GLOSSARY OF TERMS 


Congressmen-at-Large. —Whenever the number of Represent¬ 
atives of a State is increased, and the legislature fails to re-district the 
State, the additional members are chosen by the State as a whole. 
Congressmen thus chosen on a general ticket and not by district 
tickets, are called Congressmen-at-large. 

Constitution. —The fundamental, organic law or principles of 
government of the Nation or State. The law upon which all future 
laws must be based; the written instrument embodying such organ¬ 
ic law. 

Consul. —A person who represents his country at an important 
foreign commercial town. His business is to'protect the rights, com¬ 
merce, travelers, and seamen of his country, and to increase the traffic 
with his country. 

Contempt.—Disobedience to the rules, orders, or process of a 
court, or of the rules or orders of a legislative body. Such language 
or behavior, in the presence of the court, as would disturb its proceed¬ 
ings or impair the respect due to its authority. 

Contract. —A written agreement between two or more persons, 
by which the parties agree to do, or not to do, a certain thing. ' It 
contains the terms and conditions, and, when signed by the respective 
parties, serves as a proof of the obligation. 

Convene. —To cause to assemble; to come together; to meet as in 
one body for a public purpose. 

Convention. —A meeting of delegates for the purpose of framing 
a constitution, nominating candidates, or adopting and setting forth 
a political platform. 

Copyright.—The exclusive right allowed by law to an author or 
to his representative, of printing, publishing, and selling a literary 
composition during a certain period of time. 

Corporation. —A body politic, formed and authorized by law to 
act as a single person, and having the capacity of succession. An as¬ 
sociation of persons authorized by law to transact business under a 
common name, and as a single person. A corporation is legally defined 
as a society with perpetual succession and a common seal. 

Corporation Tax. —A tax levied upon a private corporation 
regarded as a person, or upon its earnings, or upon its stocks and 
bonds. 

Corruption of Blood.—Technical taint or impurity of blood in 


GLOSSARY OF TERMS 


9 


consequence of an act of attainder of treason or felony, by which a 
person can neither inherit any estate nor transmit it to others. 

Counterfeiting. —The making of false coin or bank-notes; the 
imitating of the money or securities of the United States or of a for¬ 
eign country. 

Counting 1 a Quorum. —Previous to 1890, a favorite way of fili¬ 
bustering in the House was for the minority party to call for the yeas 
and nays on some motion, and then themselves refuse to vote. The 
majority party, thus left to vote alone, frequently through the absence 
of some of its members, could not show the majority necessary to con¬ 
stitute a quorum; and the house would be forced to adjourn from day 
to day. But Thomas B. Reed, Speaker of the House of Representa¬ 
tives in that year, decided that if a Representative was in the House, 
he was present and helped to form a quorum whether he answered to 
the roll call or not. If less than a majority answered to their names, 
he counted all who were in the House; and if his count showed a 
quorum, the bill was declared passed. Although bitterly opposed in 
this ruling, his action was sustained by the Supreme Court, and the 
practice has ever since been followed. 

Court. —The place where justice is administered. A judge or 
judges sitting for the trial of cases. A tribunal established for the ad¬ 
ministration of justice. 

Court Martial. —A court consisting of military or naval officers, 
for a trial of a member of the army or navy, or of offences against mil¬ 
itary or naval law. 

Crime. —Any gross offence against morality or the public wel¬ 
fare; any outrage or great wrong, such as murder, robbery, burglary, 
or arson. 

Currency. —A term often applied to United States Treasury 
notes, coin certificates, national bank-notes, and scrip circulating as a 
substitute for metallic money. 

Customs. —Taxes paid on goods imported. 

Debt. —Nearly all State and local governments, as well as the 
National government, owe large sums of money which constitute pub¬ 
lic debts. 

Declaration of War. —The pnblic announcement of a state of 


war. 


IO 


GLOSSARY OF TERMS 


Deed. —A written instrument conveying real estate to an heir, a 
purchaser, or a donee. A deed of land sold contains the names of the 
seller and purchaser, the sum paid, and description of the land. It 
grants and conveys in express terms all the interest of the seller or 
grantor to the purchaser and his heirs forever; and the seller affixes 
his name and seal to the deed in the presence of one or more subscrib¬ 
ing witnesses. 

Defaulter. —One who fails to perform a duty, or who fails to 
account for public money entrusted to his care. One w t 1io fails to 
appear iu court when called. 

Defendant. —The person against whom a suit is brought. 

De jure. —By right; of right; by law; opposed to de facto. 

Delegate. —A person elected by the people of a Territory to rep¬ 
resent them in Congress, where he has the right of debating, but not 
of voting. A person sent by others as their representative in a con¬ 
vention: as a delegate to a convention for the nomination of officers. 

Democracy. —A government by the people; a form of govern¬ 
ment in which all the people rule directly, meeting in popular 
assembly to make and to execute the laws. 

Demonetization. —To withdraw from use as money; the refusal 
of the government to coin a metal into money. The demonetization 
of silver lowered its price all over the world. Silver dollars and 
silver certificates, however, are still legal tender, and if presented 
at the Treasury would be exchanged for gold, dollar for dollar. 

Department. —One of the branches into which the work of gov¬ 
ernment has been divided; especially one of the principal divisions of 
executive government; one of the three great classes of powers in gov¬ 
ernment. 

Dependencies. —Territorial possessions belonging to the Nation, 
but not forming an integral part of the United States. A Territory is 
incorporated into and forms a part of the United States. In general, 
the inhabitants of a Territory are citizens of the United States, while 
the inhabitants of a Dependency are not. 

Deposition. —The written testimony of a witness, taken down 
in due form of law, and sworn to or affirmed by the deponent, before 
some authorized magistrate, and given in reply to questions and cross¬ 
questions. 


GLOSSARY OF TERMS 


ii 


Despotism. —A government in which there is practically no law 
but the will of the ruler. 

Diplomacy. —The rules and customs which govern the inter¬ 
course of nations through their ministers. The art and practice of 
securing treaties. 

Diplomatic. —Pertaining to diplomacy. 

Direct Tax. —A tax paid by the person upon whom it is assessed. 

Disability. —Lack of proper qualification for office. Ineligibility. 

Dispensary System. —A plan for dealing with the sale of liq¬ 
uor in such a way that the State controls the liquor traffic and also 
reaps whatever profit there may be in the business. The system is 
used in South Carolina and in some parts of Alabama and Georgia. 

District Courts. —Courts established by Congress, and having 
jurisdiction in Federal cases within defined portions of the country. 

District of Columbia. —A portion of territory ceded to the 
United States, and under the sole jurisdiction of Congress. It contains 
the Capital city—Washington—and the Capitol. 

Docket. —An abridged entry of a judgment or proceeding in an 
action, or a list of such entries; a book of original entries kept by 
clerks of courts; a list or calendar of causes ready for trial, prepared 
by the clerks for the use of the courts. 

Domain. —The territory over which the State or the United 
States exercises authority; the public lands. Including our new pos¬ 
sessions, the territory of the United States embraces 3,690,822 square 
miles, an area greater than the territory of the Roman Empire under 
Caesar Augustus. Our colonial possessions are comparatively small, 
but they are scattered over both hemispheres; and, when added to our 
vast continental territory, they give us an important increment of 
strength. 

The right of eminent domain is that inherent power exercised by 
a government whereby it is able to control private property for neces¬ 
sary public uses, just compensation being made. This right of do¬ 
main resides in the several States of the Union as an incident of their 
sovereignty. It is closely allied to the right of a State to take the 
property of its subjects or citizens by taxation. No person can lose 
Ins property by eminent domain unless it be taken for public use, by 
due process of law, and for just compensation. 


12 


GLOSSARY OF TERMS 


Dower. —That portion, usually one-third, of a man’s real estate 
which his widow is entitled to hold during her natural life; or that 
part to which a woman is entitled after the death of her husband. 

Duress. —A state of compulsion or necessity in which a person is 
led, either by actual or threatened violence or by unlawful restraint of 
his liberty, to commit an offence or to incur civil liability. 

Duty. —A tax levied on imported articles. Ad valorum duties are 
proportioned to the cost of the articles in the country from which they 
were brought, as shown in the invoice. Specific duties are propor¬ 
tioned to the quantity of the goods imported. 

Election. —The public act of choosing officers of government. 

Elector. —A qualified voter; a person entitled to take part in an 
election. A Presidential Elector is a person chosen, by vote of the 
people, to elect the President and Vice-President. 

Electoral College. —All the Presidential Electors. The men 
chosen in each State to elect the President and Vice-President. 

Electoral Commission. —A commission created by Congress 
to decide the disputed Presidential election of 1876. It consisted of 
five Senators, five Representatives, and five Justices of the Supreme 
Court. 

Electoral Count Act. —The excited and perilous contest over 
the disputed election of 1876 induced Congress to pass (1887) an act 
which empowers each State, in case of controversy, to decide how 
its own vote stands; in case it fails to decide, the question then comes 
before Congress. The President of the Senate opens the Electoral 
certificates in the presence of both houses; he then hands them to the 
tellers, two from each house, who read them aloud and record the 
votes. If there is a dispute, the returns certified by the officially con¬ 
stituted State tribunal are accepted. In case of rival tribunals, the vote 
of the State is not counted unless both Senate and House of Repre¬ 
sentatives separately agree to accept one of them as official. 

Eligible. —Legally qualified to be elected and to hold office. 

Emancipation Proclamation. —The proclamation issued by 
President Lincoln, which took effect January 1, 1863, whereby slavery 
was abolished in those Southern States which were then in rebellion. 

Embargo. —An order of the government forbidding the depart¬ 
ure of ships from the harbors of the United States. The embargo act 


GLOSSARY OF TERMS 


13 


of 1807 was an attempt to bring Great Britain and France to terms 
by cutting off food products and other products and other exports. 
Called, by a simple derisive inversion of the letters, the O grab me act. 

Eminent Domain. —The right to take private property for pub¬ 
lic use, notwithstanding the lack of the owner’s consent. In Pennsyl¬ 
vania, the State has this right: a county can take land for roads and 
county buildings; and a township, for schoolhouses. The State has 
given this right to oil pipe-lines and to railroads. A railroad may 
pass through private property anywhere without the owner’s consent 
—cemeteries, and houses in which the owners live being excepted. 

Equity. —The giving to each man his due according to natural 
justice and right. Cases in equity are those in which there are com¬ 
plicated accounts to be adjusted; injunctions asked, or relief asked 
when mistakes have been made; or when similar conditions arise in 
which there may be no law upon the subject. “He who seeks equity 
must do equity.” 

Evidence. —That which is legally submitted as a means of de¬ 
termining the truth of any matter of fact under investigation before a 
court. 

Excises. —Internal revenue duties. Money collected as taxes 
laid on domestic products, such as tobacco, distilled liquors, oleomar¬ 
garine, etc. 

Execution. —The carrying into effect the judgment given in a 
court of law; the writ empowering an officer to carry a judgment into 
effect; death lawfully inflicted; the giving effect to a legal instrument 
by signing, sealing, and delivering it. 

Executive. —That branch of government which carries the laws 
into effect, or secures their due performance. An impersonal title of 
the President of the United States. 

Executive and Legislative Power. —In discussions relating 
to the Constitution it was objected that the Executive power is blend¬ 
ed with the Legislative and can thus exercise undue influence. The 
President truly has an influence; but all such impulsive power can 
only be salutary, since he becomes the channel of communication be¬ 
tween those who make and those who execute the laws. The Vice- 
President is not truly an executive officer while the President is in 
discharge of his duty, and when he is called to the Presidency his 
legislative voice ceases. 


14 


GLOSSARY OF TERMS 


Executor. —One who is appointed by a testator, in his last will 
and testament, to see that it is executed or carried into effect after his 
decease. 

Expansion. —A system of National polity which interprets the 
aims and destiny of the United States in a broad and liberal sense; so 
that the great republic may take an exalted place among the “world 
powers.” Once confined to the North American continent, the United 
States, within one .short year (1898) gained vast dependent territory. 

Ex parte. —Proceeding from only one part or side of a matter in 
question. Ex parte evidence is that which is taken by one side or 
party in the absence of the other. Hearings before grand juries, and 
affidavits are ex parte. 

Exports. —Goods sent out of a country in the course of trade. 

Ex post facto Law. —Any law making an act a crime which 
was not one at the time of its commissson; also any law increasing the 
penalty for an act beyond what it was at the time of commission. 
Such laws are contrary to the fundamental principles of free govern¬ 
ment, and are prohibited by the Constitution of the United States. 

Extortion. —This is the unlawful taking, by an official, of money 
or other things of value that are not his due, under color or influence 
of his office. 

Extradition. —The surrender of a fugitive from justice by one 
State or country to another having jurisdiction to try the charge. 

Extra Session.— A session of Congress called by the President 
for the consideration of special matters; a similar session of the State 
Legislature convened by the Governor. 

Famous Dispatch. —In executive matters, when prompt action 
is needed, there is a great difference between being in a position where 
one can act and where one can only advise. Yet General John A. Dix 
came to the front when he sent to a Treasury official at New Orleans 
that dispatch which thrilled each Northern heart: “If any man at¬ 
tempts to haul down the American flag, shoot him on the spot.” 

Father of the Constitution. —The man who did most to bring 
harmony out of the sharp differences of plans and opinions that were 
manifested in the famous Federal Convention of 1787 was James Mad¬ 
ison. He was but thirty-six years of age, yet his political experience 


GLOSSARY OF TERMS 


15 


was wide, since he had seen service in the legislature of Virginia and 
in Congress, where he had learned to know thoroughly the difficulties 
of the Confederation. Throughout the discussions,—in which Madi¬ 
son took part more than fifty times,—he strongly advocated a National 
government, well knit, forceful, and empowered to carry out its just 
authority. In all the war of opinions, in his quiet and sagacious way, 
he often suggested some middle course. In the end he had done such 
efficient work that he justly won the title “Father of the Constitu- 
tution.” 

Federal. —Pertaining or belonging to the Union or the United 
States. 

Fees. —Compensation for official services, usually fixed by custom 
or regulated by law. 

Felony. —Any crime of a serious nature; especially a crime pun¬ 
ishable by imprisonment or death. 

Feudalism. —A state of society based upon personal relations 
growing out of the ownership of land. The tie between lord and vas¬ 
sal was commonly a tenure or holding of land upon rendering “hom- 
age,” promising to be the “man” of his protecting superior, to aid 
him in battle, to pay taxes, and to acknowledge his jurisdiction. The 
term feud or fief signifies the land which was thus held on condition of 
military service. 

Filibustering'. —A term used to describe the use of obstructive 
and dilatory tactics by a minority, in order to prevent the vote on a 
measure to which they are strongly opposed. 

Fine. —A payment of money imposed upon a party as a punish¬ 
ment for an offense. 

Forgery. —The crime of fraudulently making or altering any 
writing or signature purporting to be made by another; the false mak¬ 
ing or material alteration of any record or written instrument for 
fraudulent purposes. 

Franchise. —A right or privilege enjoyed by the citizen of a 
a country. The privilege of voting at elections is called the elective 
franchise. 

Franchise Tax. —A tax assessed upon the value of a right or 
franchise granted. Thus a corporation may pay a franchise tax for 
the right, conferred by a city council, to operate a trolley line upon a 
certain street. 


i6 


GLOSSARY OF TERMS 


Frank. —The privilege of sending letters or other mail matter 
free of postage; also the sign, mark, or signature denoting that a let¬ 
ter or other mail matter is to be forwarded free of postage. 

Free Coinage. —Legal permission given all owners of bullion 
to bring it to tlie United States mints and have it coined into dollars 
on payment of a certain sum for the cost of operation. The free coin¬ 
age of gold is already allowed, if not practiced. Gold in bars or 
bricks is, for all practical purposes, as good as coin; and, in foreign 
trade, is more convenient to handle. But the free coinage of. silver is 
not allowed; for the silver bullion is of less value, according to weight, 
than the silver dollar. That is, a silver dollar does not contain a dol¬ 
lar’s worth of silver, as the gold dollar does of gold. The free coinage 
of silver would mean that all owners of silver bullion could bring it to 
the mints, and have it coined into standard dollars at the old ratio of 
weight and value, sixteen to one. 

Free Delivery System. —The improvement of the postal ser¬ 
vice whereby mail is delivered at houses and places of business in all 
cities and large towns. Rural free delivery extends this advantage to 
rural districts. 

Free Trade. —Commerce unrestricted by duties or tariff regula¬ 
tions. The theory that a nation’s wealth and properity are best pro¬ 
moted by maintaining the greatest freedom in the exchange of all 
commodities among its own people, and with the people of other 
countries, 

Fund. —A sum of money set apart for a special purpose 

Gerrymandering.— An expedient by which a party in power, 
by an unfair division of the State into districts, is enabled to secure 
more than a just proportion of the members of Congress or of the State 
Legislature. 

Gold Bullion. —Uncoined gold, usually in bars or bricks. 

Government.— The mode of administering the laws; the estab¬ 
lished form of laws; the persons authorized to administer the laws; 
the body politic. Governments change by the will of the people at 
stated times determined by the Constitution. Nations and States re¬ 
main unless overthrown by .violence, or by the people yielding up 
their corporate rights to be merged with others for the common good. 


GLOSSARY OF TERMS 


17 


Government in the Colonies. —At the time of the Declara- 
ration of Independence there were three different kinds of government 
in the colonies. Rhode Island and Connecticut were true republics. 
Pennsylvania, Delaware, and Maryland presented under the proprie¬ 
tors the appearance of limited hereditary monarchies. New York, 
Virginia, and the other six colonies were practically vice-royalties, with 
the governors appointed by the king. But in all the colonies alike the 
people elected the legislatures. 

Amid such variety of opinions and principles, all the political sa¬ 
gacity and good temper of the people was required to keep the country 
from a period of anarchy. The “Continental Congress” was a most 
remarkable body of men with which no other revolutionary body save 
the Long Parliament can be compared. 

“Grandfather Test.” —Connecticut, Massachusetts, Wyom¬ 
ing, and some of the Southern States require an educational qualifi¬ 
cation of voters. But in most of the Southern States the limitation 
does not apply to persons whose ancestors had the right to vote before 
negro suffrage began. This “grandfather clause” is intended to pre¬ 
vent ignorant negroes from voting. But it must be evident that the 
idea of giving a man a share in the government because his grand¬ 
father had a share in it is un-American. No citizen in a republic 
should derive his distinction and acceptability as such from the status 
of his grandfather or great-grandfather. 

Grand Jury.— A jury of not less than twelve men, nor more 
than tw T enty-three, whose duty it is to inquire into accusations of crime 
and to find bills of indictment if just cause exist. 

Great Treaty with the Delawares. —This treaty of peace 
and friendship was made under the open sky, by the side of the Dela¬ 
ware, with the sun and the river and the forest for witnesses. Voltaire 
says of this Shackamaxon treaty, made in 1682, that it was the only 
treaty between the whites and Indians that was neither sworn to nor 
broken. It is certain that the Indians were touched by the sacred 
doctrines of peace, and received the presents of Penn in sincerity and 
friendship. As they gave the belt of wampum they said: “We will 
live in love with William Penn and his children, as long as the moon 
and the sun shall endure.” 

Greenbacks. —Legal tender notes of the United States first is¬ 
sued in 1862 They are so named because the devices on the back were 


GLOSSARY OF TERMS 


18 

printed in green ink to prevent alterations and counterfeits. Like 
gold coin and silver dollars, they are legal tender for all private debts. 
At one time the total amount of greenbacks outstanding was $600,000- 
000. After the resumption of specie payments in 1878 a large number 
of the greenbacks were redeemed and permanently retired. When 
the amount had been reduced to $346,000,000, Congress passed an act 
requiring that thereafter any of the notes redeemed should be re-is¬ 
sued. Greenbacks are receivable for all debts and public dues, and 
are redeemed in coin at the Treasury on demand. 

Greenback Party. —A political organization which in 1876 de¬ 
manded an increase in the amount of the paper currency issued by 
the government. This party developed considerable strength in the 
Western States. Eventually (1884) this party strongly advocated the 
issue of “fiat money,” that is paper money issued by decree or “fiat” 
of the National government. General Benjamin F. Butler, nominated 
for the Presidency on its platform, said: “I desire that the dollar so 
issued shall never be redeemed.” He added that there was no more 
reason for the redemption of a paper dollar than for the redemption 
of a yardstick or of a quart measure. 

Gresham’s Maxim. —Sir Thomas Gresham states the law that 
every inferior currency tends to expel the superior currency from a 
country. Issues of paper and depreciated silver cannot enlarge the 
money-volume because they not only displace gold, but also cause an 
increase in the price of everything that money buys. There is, under 
such circumstances, no real increase of the money-volume of the 
country, but only an apparent one. There are more dollars than be¬ 
fore, but they are cheaper, since the individual dollar buys much less 
than before the inflation Under such conditions the creditor loses, 
and so does the workingman unless his wages rise in the same ratio as 
do the prices. The safeguard against inflation is a currency based upon 
gold, or certificates representing deposits of gold. The ideal currency 
would be one containing nothing else. In all sound-money countries, 
the banknote is in course of becoming a simple gold certificate re¬ 
deemable on demand. 

Guardian. —One who has the custody of the person or property 
of an infant, a minor, or a person incapable of managing his own 
affairs. 


GLOSSARY OF TERMS 


19 


Habeas Corpus. —“You may have the body.” A writ having 
for its object the bringing of a person before a judge or court; espe¬ 
cially for the purpose of inquiring into the cause of the person’s im¬ 
prisonment or detention by another, with a view of protecting his 
right to personal liberty. The writ is sometimes used to bring a pris¬ 
oner into court to testify in a pending case; to obtain possession of 
children who are in the custody of other persons than the claimants; 
and to liberate persons confined in hospitals for the insane. In the 
case of persons held for crime, it can be granted in their own interest 
only before a regular trial. Congress has power to suspend the issu¬ 
ance of writs of habeas corpus. It is remarkable, that this great safe¬ 
guard of liberty dates from the reign of Charles II. of England. But 
such reform was essentially the result of the intellectual march of the 
age; superior, indeed, to kings and statesman, and through their very 
follies pressing forward the great ultimate security of English freedom 
in the expulsion of the House of Stuart. The inglorious reign of the 
“Merry Monarch” is distinguished by the passing of this great Act, 
next to the Magna Charta as a bulwark of English liberty. 

High Seas. —The open sea; that part of the sea not within the 
territorial limits of any particular country, usually distant three miles 
or more from the coast line at low water-mark. 

Highway. —A road or way open to the use of the public. 

Homestead Law. —An act of Congress regulating the settle¬ 
ment of public lands. 

Homicide.—The killing of one human being by another. It is 
of three kinds: justifiable, excusable, and felonious. The latter may 
be either manslaughter or murder. 

House of Representatives.— The popular branch of Congress, 
composed Representatives chosen every second year by the people. A 
corresponding branch of a State Legislature. 

Immigrant. —One who comes to a country for the purpose o 
permanent residence. What we need in this country is an intelligent 
and systematic effort to utilize the endeavors of immigrants, and to 
encourage them to enter the fields best suited to their success as use¬ 
ful Americans. Coming here unknown and unrelated, the immigrant 
is often forced into a life of servitude in stockyards or elsewhere, when 
he possesses the ability to earn a comfortable livelihood in the trade he 
learned in his fatherland. Some, under proper relations, would then 


20 


GLOSSARY OF TERMS 


be workers in brass and other metals; others are adepts in the making 
of high grade furniture. Still others are interested in machinery, 
modeling, drawing, and a hundred diversified forms of creative effort. 
These men would then come to their employments with the happiness 
of those who work at that which they most enjoy; they would work at 
their various trades with all the zealousness of enthusiasts. 

Imminent. —Threatening to occur immediately; near at hand; 
impending; that which is ready to happen on the instant. 

Immigration.—The coming into a country of which one is not 
a native, for the purpose of permanent residence. 

Late reports give the total number of aliens admitted into the 
United States during 1907 as 1,285,349 while 13,064 aliens were re - 
jected. Of those admitted, 1,100,771 ranged in age from T4 years to 44 
years, 138,344 were under 14 years old, while only 46,234 were over 44' 
years of age. About thirty per centum of the total number could not 
read or write. Concerning the financial condition of the immigrants, 
873,923 brought less than $50, while 107.502 showed more than that 
amount. The total amount brought into the country by immigrants 
was $25,599,893, an average of about twenty dollars for each person. 

Immunity. —A particular privilege; freedom from any charge, 
duty, obligation, penalty, or service. 

Impanel.—To write or enter by name in a list, or a piece of 
parchment called a panel; hence, to form or enroll as a jury in a court 
ot justice. 

Impeachment. —A charge or accusation against a public officer 
for corrupt conduct in office. The House of Representatives has the 
right to impeach, and the Senate to tr}' the person impeached. The 
impeachment consists of a solemn declaration, laid before the Senate 
by the House of Representatives, that in their opinion the person 
named is guilty of high crimes and misdemeanors in office, and should 
be brought to trial. It decides nothing as to the guilt or innocence 
of the person, and is similar to the indictment found by a grand jury. 
The chief-justice of the State presides at the impeachment trial of the 
Governor, and the Chief Justice of the supreme Court of the United 
States at the trial of the President. 

Impeachment of President Johnston.— The committee on 
reconstruction submitted a report in the House of Repesetitatives 


GLOSSARY OF TERMS 


21 


Feb. 24, 1868, recommending the impeachment of Andrew Johnston, 
and it was adopted by a vote of 128 to 47. The Senate was notified, 
and articles of impeachment were prepared. The trial was begun in 
the Senate on March 5, 1868, and eleven articles of impeachment were 
presented to the Senate sitting as a High Court of Impeachment. 
Chief Justice Salmon P. Chase presided at the trial. The oath was 
administered to him by Associate Justice Nelson, and the Chief Jus¬ 
tice then administered it to the Senators. On May 16 the first vote 
was taken upon the eleventh article, with the result of thirty-five for 
“guilty” and nineteen for “not guilty.” On May 26 a vote was taken 
on the second and third articles, with the same result as before. A 
motion that the court adjourn sine die was then carried. Judgment of 
acquittal was then entered by the Chief Justice on the three articles 
voted upon. Five Republican Senators had declined to vote with their 
party, and but one vote was wanting of the two-thirds majority re¬ 
quired for conviction. 

Imports. —Merchandise brought into a country. 

Imposts. —A tax laid by government on goods imported. 

Inauguration. —The act of investing with power or authority in 
a formal manner. The President and Vice-President are inducted into 
office on the fourth day of the next March after election, unless such 
day is Sunday, when the ceremony takes place on the next day. The 
essential part of the inauguration is the oath of office, which is admin¬ 
istered to the President by the Chief Justice of the United States. 

Income Tax.—A tax levied upon income, profits, etc., or on the 
excess of these beyond a certain amount. 

Incumbrance. —Any burden or charge upon property; any 
claim, lien, or charge upon an estate, which may diminish its value. 

Indictment.—The formal statement of an offense, as drawn up 
by the district attorney, and found by the grand jury. An indict¬ 
ment to be valid must be indorsed “A true bill” by the grand jury. 
It serves as a basis for the trial of the accused person. 

Indirect Tax.—A tax levied upon goods in the hands of the 
manufacturers or dealers, and really paid in the end by the consumers 
as part of the price of the articles. Such taxes contain in their very 
nature a security against excess. They prescribe their own limit; 


22 


GLOSSARY OF TERMS 


and that cannot be exceeded without defeating the end proposed— 
the extension of the revenue. If duties are too high, they decrease the 
consumption; and then the revenue is not so great as when the duties 
are confined within proper and moderate bounds. Thus a complete 
barrier is formed against any material oppression of the people by 
taxes of this class. 

Ineligible. —Not qualified to be chosen for an office. 

Information.—A written accusation, presented under oath, by a 
district attorney to a court having jurisdiction of the offence charged 
therein. 

Inhabitant.— A person who resides permanently in a place, as 
an inhabitant of a city, State, or country. The term includes citizens 
and resident foreigners. 

Inheritance Tax. —A special form of income tax levied upon 
property acquired by inheritance or will. 

Initiative. —The proposing of measures by the popular voice. 
The right to introduce a new measure in legislation; as, the initiative 
in respect to revenue bills is in the House of Representatives. In 
Switzerland, the right of petition has become the right of initiative in 
legislation. 

Injunction. —A writ or process, granted by a court, whereby a 
party is required to do or to refrain from doing certain things. Gen¬ 
erally the writ prevents the action, although by no means confined to 
that use. 

Insolvency. —The condition of one who is unable to pay his 
debts as they fall due. An insolvent person is said to be bankrupt. 

Insolvent Laws. —Laws by which debtors are exempted from 
arrest or imprisonment for debts previously contracted, on condition 
of giving up all their property for the benefit of their creditors. 

Insurrection.—A rising of individuals against civil or political 
authority or against the established government. Open and active op¬ 
position to the execution of law. Each State has the right to enforce 
its own laws, but sometimes insurrections arise that simple State au¬ 
thorities are unable to subdue. The State Legislature or the Governor 
may then call upon the President for aid. 

Internal Revenue. —That revenue which is derived from taxes 


GLOSSARY OF TERMS 


23 


laid upon domestic products, such as distilled liquors, tobacco, oleo¬ 
margarine, etc. It includes also the fines levied for violations of the 
internal revenue laws. 

International Law. —The rules regulating the mutual inter¬ 
course of nations. These are founded upon custom, treaties, and the 
dictates of reason, humanity, and utility. The sum of the rules or 
usages which civilized states have agreed shall be binding upon them 
in their dealings with one another. 

Inter-State Commerce Commission. —The commission 
through which Congress exercises its right to regulate the commerce 
between the States, thereby controlling in large degree such matters 
as the transportation charges for freight and passengers, and correct¬ 
ing abuses which center around these corporations. 

Invasion. —The hostile and forcible entrance of an army into a 
foreign country. 

Jeopardy of Life and Limb. —The peril or danger of impris¬ 
onment, maiming, or death. The cruel punishments which dismem¬ 
bered the body are no longer inflicted. If a man has been once ac¬ 
quitted, he cannot be tried a second time for the same offense. 

Joint Rules. —Rules adopted by the Senate and House of Rep¬ 
resentatives for mutual convenience in the transaction of business. 

Journal.—The minutes of the proceedings of each branch of 
Congress, published from time to time, except such parts as require 
secrecy. These records are very brief, and are similar to the minutes 
of any ordinary society. The Congressional Record, printed daily at 
the government printing-office while Congress is in session, is a ver¬ 
batim report of all that takes place in Congress. It is printed from 
the shorthand notes of the official reporters. 

Judgment. —The decision or sentence pronounced by the court 
upon any matter contained in the record, or in any case tried by the 
court. In civil cases the decision is called the judgment, and in crimi¬ 
nal cases the sentence. The carrying out of the sentence or judgment of 
the court is known as the execution. 

Judicial Proceedings. —A record of all trials of the courts; a 
book containing accounts of all the court business. 

Judiciary.—The judicial power, or that branch of government 


24 


GLOSSARY OF TERMS 


which has for its business the interpretation and application of the 
laws. It decides what is law, and what is not law. Yet the decision 
of the judiciary as to the unconstitutionality of a statute does not re¬ 
peal the law; but the legal profession and the public admit, in general, 
the correctness and authority of the view which the Supreme Court 
takes. 

Jumping 1 Bail.—A term colloquially applied to the failure to 
appear in any court for trial after release on bail. 

Jurisdiction. —In its most general sense, the power to make, 
declare, or apply the law. It may be limited to place or territory, to 
persons, or to particular subjects. The legal power, right, or author¬ 
ity of a particular court to try causes or to execute justice. It may 
be either original or appellate. A court has original jurisdiction 
when a case may commence in that court, and appellate jurisdiction 
when it may hear cases on appeals from lower courts. 

Jury. —A body of men, usually twelve, qualified and selected as 
the law prescribes, impaneled and sworn to try a matter of fact, and 
to render their true verdict according to the evidence legally given in 
the case. 

Justice. —Justice and equity are the same; but in law they are 
differently applied. Human laws, though designed to secure justice, 
are necessarily imperfect; hence 411 act which is strictly legal may be 
. far from equitable or just. Courts of equity are designed to redress 
such grievances. Justice contemplates right according to the estab¬ 
lished law; equity contemplates right according to the law of nature. 

Juvenile Court. —A special court intended to dissociate the 
trial of children from those of adults for its moral effect. Its juris¬ 
diction covers cases with a criminal tinge, involving children under 
sixteen years of age. 

Kidnapping. —The forcible taking and removing of a person 
for evil purposes. 

King. —The titles, king, emperor, czar, etc., are applied to the 
personal rulers who in monarchies control the government, appoint 
the principal officers of state, and to whom, in theory at least, these 
persons are responsible. The amount of power actually exercised, and 
the responsibility borne by the ruler, vary in different -countries, and 


GLOSSARY OF TERMS 


25 


determine the classification of the governments therein exercised. 

Labor. —Toil or work; the condition under which civilization can 
alone exist. The voluntary exertion of human beings put forth to at¬ 
tain some desired object. It may be either physical— manual —or 
mental. Certain laws relating to the employment of children in var¬ 
ious kinds of labor have been enacted by several State legislatures. 
Better laws concerning child-labor, however, should be enacted in the 
Commonwealth of Pennsylvania. Manual labor is work done with 
the hands; mental labor is that which is done with the brain. Labor 
is either skilled or unskilled. Skilled labor is that which requires 
training, special knowledge, and experience for its performance. The 
accumulated product of labor is called capital; it may consist of tools, 
machinery, lands, bonds, railroads, money, and other forms of 
wealth,—skill, knowledge, and experience. 

Larceny. —Theft or stealing; the unlawful taking and carrying 
away of the personal goods of another. The stealing of property 
above a certain amount is called grand larceny; if the value of the 
property is of less amount, the offense is called petit larceny. 

Law. —A rule of action prescribed by authority, particularly an 
enactment by the legislative power. A bill which has followed the 
course laid down by the Constitution. Laws made by the legislature 
are called municipal or civil law; the political law, or Constitution, is that 
fundamental law adopted by the people in their political capacity. 
Criminal laws are those which define Offenses against the state and fix 
the penalties therefor. Common law is the name given to a large body 
of laws, both civil and criminal, established by the decisions of judges 
hundreds of years ago. Many cases came into the courts for which 
no laws had been made; so the judges were called upon to decide 
them according to the general principles of justice and the customs of 
the country. International law is the sum of the rules or usages which 
cizilized states have agreed shall be binding upon them in dealing 
with one another. It is really an integral part of the common law. 

Lease. —The letting of lands, houses, etc., to another for a time, 
usually in consideration of rent or other compensation. 

Legal Tender —That money or currency which the law author¬ 
izes a debtor to offer and requires a creditor to receive. Such an offer 
of payment as a creditor must accept or forfeit his right to interest on 


26 


GLOSSARY OF TERMS 


the amount due him. Gold coin is legal tender for its nominal value 
when not below the limit of tolerance in weight; and when below that 
limit it is legal tender in proportion to its weight. 

Standard silver dollars and treasury notes of 1890 are legal tender 
for all debts, except where otherwise expressly stated in the contract. 
Subsidiary silver is legal tender to the extent of ten dollars, minor 
coins to the extent of twenty-five cents, and United States notes for 
all debts public and private, except duties on imports and interest on 
the public debt. Gold certificates, silver certificates, and National 
bank-notes are 11011-legal tender mo'ney. Both kinds of certificates, 
however, are receivable for all public dues except duties on imports, 
and may be paid out for all public dues, except interest on the public 
debt. 

Legislative. —Relating to that branch of government which 
makes the laws; pertaining to a legislature. 

Legisature. — The body of persons invested with the power to 
make and repeal the laws. The legislature of the United States is cal¬ 
led Congress, and consists of the Senate and the House of Representa¬ 
tives. The veto power of the President makes him, in many cases, 
practically a third house. 

Letters Testamentary. —An instrument granted by the regis¬ 
ter of wills to an executor after probate of a will, authorizing the lat¬ 
ter to manage and settle the estate of the deceased. 

Letters of administration are issued when an executor refuses to act, 
or is not lawfully qualified, or in case of a person dying without mak- 
a will. The court appoints an administrator, and the letters confer 
powers similar to those granted by letters testamentary. 

Libel.—A malicious publication, printed or written, tending to 
expose a person to public hatred, contempt, or ridicule. Such publi¬ 
cation is indictable at common law. 

Liberty.—The privilege of living according to one’s inclinations, 
and enjoying the free use of one’s own property under the sanction of 
the law, and the protection of the state. Free people enact their own 
laws and elect their own rulers. 

Library of Congress.— Among the libraries of the world the 
library at Washington ranks third. The annual report for 1907 shows 


GLOSSARY OF TERMS 


27 


that the library has 1,433,848 books and pamphlets, and 900,000 other 
articles. Among the recent additions is the Yudin library, a collection 
of works on Russia and Siberia of over 80,000 volumes. A large col¬ 
lection of works on Japan, mainly in the Japanese language, has also 
been acquired. Special attention has been devoted to developing the 
collection of foreign documents. The expenses of the library, exclu¬ 
sive of $205,000 for printing and binding, aggregated $576,000. 

License. —A form of taxes collected from merchants, peddlers, 
showmen, saloon-keepers, and others, for the privilege of conducting 
business. High license is a policy of attempted control of the liquor 
traffic through an increase of the license tax varying from three hun¬ 
dred dollars up to twelve hundred dollars. 

Lien. — A legal claim; a charge upon real or personal property 
for the satisfaction of some debt or duty. Mechanics’ liens may be 
fded against a building by persons who have not been paid for labor 
or material furnished in its construction. They must be filed in the 
office of the prothonotary, and then constitute a claim against the build¬ 
ing until paid. 

Limited. —Relating to a company in which the liability of each 
shareholder cannot exceed the number of shares he has taken. A lim¬ 
ited monarchy is one in which the power of the ruler is restrained by 
a constitution. 

Lobbying 1 . —The urging of the adoption or passage of a bill by 
soliciting members of a legislative body; usually a pernicious use of 
influence. 

Local Option. —The right of determining by popnlar vote with¬ 
in township, borough, city, or county, whether alcoholic beverages 
shall be sold within the civil division concerned. 

Lockout. —A refusal by an employer to furnish work to his em¬ 
ployees in a body. 

Log-rolling. —A term applied to the act of combining to assist 
another in consideration of receiving assistance in return;—sometimes 
used as a mode of securing the passage of a particular bill, or of ac¬ 
complishing other political schemes or ends. 

Loose and Strict Construction. —An inclination to interpret 
the Constitution in a “loose” or liberal way by lioldihg that the gov- 


28 


GLOSSARY OF TERMS 


ernment may do many things not named in the document. A “strict” 
reading of the Constitution in the belief in “States’ rights,” and that 
the Nation has only those powers that are mentioned in the Consti¬ 
tution . 

Lynch Law. —The act or practice of inflicting punishment with¬ 
out legal trial, as by a mob or by unauthorized persons. The term is 
of doubtful origin, but is said to be derived from a Virginian farmer 
named Lynch, who, having caught a thief, tied him to a tree and flog¬ 
ged him with his own hands. Lynching is a crime seriously endan¬ 
gering the rights and liberties of the people, since it is productive of 
disrespect and disregard for law and order. Courts of justice may 
remove all excuse for such violation of the sixth amendment to the 
Constitution by securing the prompt trial and unfailing punishment 
of the guilty. 

Magna Oharta. —The Great Charter of English liberty, obtain¬ 
ed by the barons from King John at Runnymede, June 15, 1215. The 
barbarous mediaeval Latin of the fortieth clause rings true to the best 
in modern civilization and freedom: “Nulli vendemus, nulli negabimus, 
aut differemus rectum aut justitiamV “To none will we sell, to none will 
we deny, to none will we delay either right or justice.” 

Majority. —More than half; the number by which the votes cast 
for a successful candidate exceed those cast for all other candidates. 

Mandamus. —A writ issued by a superior court and directed to 
an inferior court, or some corporation or person exercising authority, 
commanding the performance of some specified duty. 

Mandatory. —Containing a command; preceptive; directing. 

Manslaughter. —The killing of a person unintentionally and 
without malice, as upon a sudden quarrel, or while that person is com¬ 
mitting some unlawful or criminal act. 

Maritime. —Relating to the sea; marine; pertaining to naviga¬ 
tion, naval affairs, shipping; or commerce; bordering on the sea. 

Martial Law. —The law administered by the military power of 
the government when it has superceded the civil authority in time of 
war, or when the civil authorities are unable to enforce the laws. It 
is distinguished from military law , which is the code of rules for the 
regulation of the army and navy alone, either in peace or war. Mar- 


GLOSSARY OF TERMS 


29 


tial law must also be distiguished from military government which 
differs in its application. 

Marque and Reprisal. —Letters of marque and reprisal con¬ 
stitute a license or commission granted by a government to a private 
person to fit out a privateer or armed vessel to prey upon an enemy’s 
shipping. During the Civil War many Confederate privateers were 
commissioned, but no letters of marque and reprisal have been granted 
by the United States since the war of 1812. Privateering is now gen¬ 
erally condemned by civilized nations. 

Message. —An official communication sent by the President to 
Congress, or by a Governor to a State legislature. Also, a communi¬ 
cation from one branch of the legislature to the other. 

Military Government. —In its simplest form military govern¬ 
ment is military authority exercised in accordance with the laws and 
usages of war. Military oppression is not military government; it is 
an abuse of the power which the law of war confers. Those who ad¬ 
minister military government should be guided by the principles of 
justice, honor, and humanity—virtues which adorn a soldier even more 
than other men, for the very reason that he possesses the power of his 
arms against the unarmed. Military governmenet must be carefully 
distinguished from martial law, which is of domestic application only. 
In the latter case the legality of the acts of a military officer may 
be questioned not only by his military superiors, but also by the civil 
tribunals of the territory in which such martial law may be exercised. 

Militia. —The citizen soldiers of all the 'States. Men enrolled for 
instruction and discipline in the use of arms, but not called into actual 
service except in emergencies. All male citizens, between the ages of 
eighteen and forty-five years, are subject to service in the State militia 
unless exempted by law. 

Minimum Salary. —An act was passed by the General Assem¬ 
bly in 1907, fixing the minimum salary to be paid to teachers at $40 
and $50 according to their qualifications. This legislation will exer¬ 
cise great influence upon the remotest school districts of the State. 

Minister. —A person sent to the capital of a foreign nation to 
transact diplomatic business. 

Minor. —A person who has not attained the age at which full 
civil rights are accorded; one under twenty-one years of age. 


30 


GLOSSARY OF TERMS 


Minority. —The smaller number, as of a legislative body;— 
opposed to majority. State of being under age. 

Minority Presidents. —The Presidents who held office without 
a majority of the popular vote were John Quincy Adams, Janies K. 
Polk, Zachary Taylor, Janies Buchanan. Abraham Lincoln, Ruther¬ 
ford B. Hayes, Janies A. Garfield, Grover Cleveland, and Benjamim 
Harrison. 

Misdemeanor. —A lesser kind of crime; an indictable loffense 
not amounting to felony. 

Monarchy. —A form of government in which the supreme 
power is in the hands of one person called a monarch. 

Money. —The measure of value expressed in coin; whatever 
serves as a circulating medium, including bank-notes, checks, and 
drafts, as well as metallic coins. The President, in his first message 
to the Sixtieth Congress, advocated the enactment of some plan of 
currency reform that will supply an adequate amount of money for 
the growing needs of the business of the country, thus obviating a 
recurrence of the conditions which have recently created so much con¬ 
cern in financial circles. 

Monopoly. —The exclusive possession of anything, as a com¬ 
modity or a market; the sole right to buy, sell, or manufacture any 
article. 

Monometallism. —The use of one metal only in the standard 
currency of a country, or as the standard of money values. The term 
monometallist, as generally used, is applied to one who believes in the 
single gold standard of values. The claim is made that the two metals 
—silver and gold—cannot be so coined that the market value of a gold 
dollar and of a silver dollar shall remain the same. Bimetallism is the 
use of two metals as standards of value and as full legal tender, the 
purpose being to determine the coinage value in such a way that both 
will circulate on a parity. 

Mortgage.— A written instrument securing the payment of a 
debt. Deeds and mortgages should, be signed by husband and wife, 
acknowledged before a legal officer, and recorded in the office of the 
recorder of deeds for the county. 

Municipal.— Of, or pertaining to, a city or corporation having 


GLOSSARY OF TERMS 


3i 


the right to exercise local government. Less frequently,—relating to 
a State, kingdom, or nation. 

Murder.—The taking of human life unlawfully or maliciously, 
with intent to kill. 

Nation. —The entire body of the inhabitants of a country, united 
under an independent government of their own. A political com¬ 
munity organized under a distinct government recognized and con¬ 
formed to by the people as supreme. 

National Bank. —A banking corporation established under the 
banking laws of the United States. Much of the paper money in cir¬ 
culation is issued by the National banks. These notes are secured by 
government bonds deposited in the United States Treasury. For debts 
between private individuals they are not a legal tender, but they cir¬ 
culate as well as certificates issued directly by the government- 

National Guard. —The organized militia of all the States of the 
Union. The aggregate of this reserve army is over 100,000 men, 

Naturalization. —The act or process of granting to an alien the 
rights and privileges of citizenship. 

Natural Law. —The instinctive sense of justice and of right and 
wrong which is native in mankind. 

Neutral States. —Those countries which are not engaged in the 
war, and, therefore, are entitled to certain rights as to the safety of 
their people and the protection of their commerce. At the same time, 
they must abstain from assisting any of the combatants. 

Nihilism. —The negation of all government It seeks to destro3 T 
all government through assassination of Presidents, and the adoption of 
other revolutionary measures. It is the duty of every American citizen 
to take all lawful means to overcome and destroy all influences in¬ 
jurious to the peace and welfare of the country. 

Nobility. —Distinction by rank, station, or title, either inherited 
or conferred. The Constitution prohibits the granting of titles of no¬ 
bility in the United States. 

Nolle prosequi. —Will not prosecute; an entry denoting that 
the plaintiff discontinues his suit, or that a prosecutor will go no fur¬ 
ther with the case. In a criminal case it discharges the defendant for 
a time, but does not operate as an acquittal. 


32 


GLOSSARY OF TERMS 


Nolo contendere. —A plea by the defendant, in a criminal prose¬ 
cution, which, without admitting guilt, renders him liable to all the 
consequences of a plea of guilty. 

Nomination. —The act or process of naming a candidate for an 
office; the power of proposing such candidates; the state of being 
named as a candidate for an office. 

Non compos mentis.— Not of sound mind; not having the 
regulat use of reason; one devoid of reason, either by nature or from 
accident. 

Nonsuit.—A neglect or failure by the plaintiff to follow up his 
suit; a withbrawal of a cause on the part of the plaintiff at the trial, 
either voluntarily or by order of the court. 

Nullification.—The refusal of a State to permit an act of Con¬ 
gress to be carried out within the limits of that State, The so-called 
right is based upon the theory that the Constitution is a simple com¬ 
pact between the States. The assumption is made that each State has 
the right to determine for itself when an enactment of the general 
government is to be declared null and void. The right of secession is 
a kindred claim. The proclamation by President Jackson destroyed 
nullification, and secession died amid the terrors of civil war. The 
Constitution in all its aspects looks to an indestructible Union of in¬ 
destructible States. 

Oath.—A solemn declaration made with an appeal to God for the 
truth of what is affirmed; a solemn promise to tell the truth, the whole 
truth, and nothing but the truth. If the statement be willfully false, 
the person making the oath is liable to indictment for perjury. 

Objections. —Reasons which the President of the United States or 
the Governor of a State sets forth in justification of the vetoing of a bill 
Sometimes principles of action are stated, as in a recent pension case 
wherein the President lays down the principle that honorable discharge 
from the service is a condition essential to the obtaining of a pension. 

Oligarchy. —A government in which the supreme power is in 
the hands of a few persons. A name applied to a condition in govern¬ 
ment when a clique of political adventurers, possessed of neither merit 
nor high birth, seizes upon the power of the state and holds it by force. 

Ordain. —To regulate or establish by law or by appointment. 


GLOSSARY OF TERMS 


33 


Ordinances. —Focal laws enacted by a borough or city council. 
Also certain laws passed by Congress under the Confederation; as the 
Ordinance of 1787 relating to the Northwest Territory. 

Original Jurisdiction. —A court of justice is said to have orig¬ 
inal jurisdiction when a case may be begun or originated in that 
court. Many cases, tried in the lower courts as courts of original 
jurisdiction, may be appealed to the higer courts for reconsideration. 

Orphans’ Court. —A court which deals with the proving of wills, 
the settling of the estates of persons deceased, and the protection of 
the property of orphans. Called also the probate court. 

Overt. —That which can be seen; open; public; manifest. An 
overt act is an open act, capable of being manifestly proved, and from 
which criminal design or intention may be implied. 

Oyer and Terminer. —A term used to designate certain crim¬ 
inal courts which have jurisdiction in cases of murder, forgery, 
robbery, burglary, and other grave crimes. 

Pardon. —An absolute release from the penalty inflicted by some 
court. An official warrant for the remission of a penalty. 

Partnership. —A contract between two or more persons to carry 
on some lawful business for mutual benefit. 

Party. —A body of electors having distinctive aims and purposes, 
and united in opposition to other bodies of electors in the community 
or political division in which it exists; especially one of the parts into 
which a people is divided on questions of public policy. One side in 
a controversy or suit at law. 

Party Principles. —In the political history ot our country the 
centralizing and decentralizing forces have always been at work. The 
dividing line between the two great parties is the same to-day 
that it was in the time of Hamilton and Jefferson. The party of loose 
construction of the Constitution is the Republican party, descended 
from the Federalists. The Democratic party comes in unbroken 
succession from the party of Jefferson—the Democratic-Republican 
party—and is the party of strict construction. For the sake of control, 
parties will adapt their principles to the issues of the time. Both of 
these great parties have at various times advocated measures not in 
strict accordance with their historic principles; but in general, the 
characterization given above will be found to be correct. 


34 


GLOSSARY OF TERMS 


Patent. —A writing securing to an inventor, for a term of years, 
the exclusive right to his invention. 

Pension. —A regular and fixed sum of money paid by the govern¬ 
ment to a person who has been disabled in the service of his country, 
or to the families of soldiers killed in service. 

Perjury. —False swearing; a willful false oath; the crime com- 
mited when a person swears willfully, absolutely, and falsely in a fact 
material to the issue or point in question. 

Personal Property. —All property that is movable and tempo¬ 
rary; including all property that is not real estate. It includes money, 
goods, stocks, bonds, mortgages, notes, jewelry, horses, carriages, 
household furniture, and farming implements. 

Petition. —A formal request to government, in either of its 
branches, for the grant of some favor or the redress of some wrong. 

Petit Jury.—In any particular case in law, a jury of twelve men 
impaneled to discover and pass upon the facts. The whole number of 
petit jurors drawn for any term of court is usually from forty to sixty. 

Piracy. —Robbery on the high seas. Congress has power to 
define and punish this crime which is now almost extinct in civilized 
countries. 

Plaintiff. —One who commences a personal action or suit to obtain 
a remedy for an injury to his rights; —opposed to defendant. 

Platform. —A statement of the political principles upon which a 
political party proposes to stand. It usually deals in a general way 
with the leading questions of the day. 

Plea. —That which is set forth by a party in support of his cause; 
the defendant’s answer to the plaintiff’s declaration and demand. 

Plurality. —The excess of the votes given for one candidate over 
those given for another, or for any other, candidate. When there are 
three or more candidates, the person receiving a plurality may have 
less than a majority 

Pocket Veto. —The practical vetoing of bills by the President, 
through holding them so that the time for the adjournment of Congress 
happens between the time of reception and the close of the ten days 
allowed for consideration. 


GLOSSARY OF TERMS 


35 


Politics.—The management of political party; the contests of 
parties for the control of public affairs through the election of candi¬ 
dates to office. 

Poll Tax.— A tax levied by the head or poll. 

Polygamy. —The crime of having many wives at the same time. 

Pool.—A plan by which, through an agreement upon a uniform 
scale of prices, competition may be killed and a virtual monopoly 
established. 

Posse comitatus. —The power of the county; or the citizens 
summoned by the sheriff to assist in suppressing a riot or in carrying 
out any legal orders. 

Postage Stamps.—The denominations of ordinary postage 
stamps now used by the government range from one to six cents con¬ 
secutively, and then go to eight, ten, thirteen, fifteen, and fifty cents; 
the dollar denominations being one, two, and five respectively. It 
will be observed that there are not many denominations to meet all 
the various weights of mail matter which come in for transportation, 
bnt there are enough. The thirteen-cent stamp was especially design¬ 
ed to meet the registry fee of eight cents and the regulation postage 
of five cents on foreign mail matter, and thousands are annually sold 
to persons living in this country who send registered remittances to 
friends and relatives abroad. Many foreigners within our limits even 
register their money-orders. The thirteen-cent stamp is dark gray in 
color, and bears the vignette of the late President Benjamin Harrison. 
From time to time various exposition and special issues are made, and 
have an initial sale value according to their denominations. Stamps 
of the Columbian, Trans-Mississippi, Pan-American, Louisiana Pur¬ 
chase, and Jamestown series are no longer issued by the department, 
and they have been withdrawn from sale at post-offices, although 
stamps of these series in the hands of the public, as well as all other 
ordinary postage issued by the United States since 1869, will remain 
good for postage indefinitely. 

Preamble.—The introductory clause of a constitution or statute, 
which sets forth the reasons and intent in the passage of the law. 
The preamble of the Constitution is also its enacting clause, since it 
gives the act all its force and effect. 


36 


GLOSSARY OF TERMS 


Postal Saving's Banks. —A name given to a system of banking 
carried on in connection with the Post-office Department. There is 
much to be said in favor of postal savings banks. They would be of 
especial advantage to many foreigners who do not understand our 
institutions, and often fear the best banks. Indeed, many foreigners 
cannot discriminate. Many of them send their savings to Europe by 
international postal orders, and the money is used or deposited in 
Europe, rather than here. Postal banks could not, however, accept 
large deposits from single individuals; but the deposit should be 
limited to $100, or certainly not more than $500, from one depositor. 

Powers of Congress alone. —In some cases it is not necessary 
that the action of Congress be submitted to the President. The Con¬ 
stitution gives two-thirds of both houses of Congress the right to 
propose amendments to that fundamental law, and the Supreme Cpurt 
of the United States has decided that such action need not be 
submitted to the President for his action. The amendment (Am. 13) 
abolishing slavery was submitted to President Lincoln in 1865, and re_ 
turned with his approval; but no proposed amendment has since been 
submitted to the President, 

Presidential Succession. —The succession is fixed by an act of 
Congress, and provides that in case of the removal, death, resignation 
or inability of both the President and Vice-President, then the Secre¬ 
tary of State shall act as President until the disability be removed or a 
President is elected. The remainder of the order of succession is as 
follows: The Secretary of the Treasury, the Secretary of War, Attor¬ 
ney-General, Postmaster-General, Secretary of the Navy, Secretary of 
the Interior, Secretary of Agriculture, and Secretary of Commerce 
and Labor. This is the historical order of appointment. The acting 
President must, upon taking office, convene Congress in extraordin¬ 
ary session, if it is not at the time in session. 

Presentment. —A written accusation set forth by the grand jury 
upon its own initiative, that is, without waiting for a bill of indictment 
laid before them by the district attorney. 

Prima facie. —On the face of it; at first sight or appearance. 
Prima facie evidence is such as is sufficient to establish the fact unless 
rebutted. 

Primary. —A meeting of the voters of a party for the purpose of 


GLOSSARY OF TERMS 


37 


nominating party candidates for local offices, or the selection of dele¬ 
gates to nominating conventions of larger voting areas. At a primary 
election, each voter casts his vote directly for'the person whom he 
desires to have nominated, just as he does in the regular election. 

Privilege— Some peculiar benefit or advantage, some right or 
immunity not enjoyed by all. 

Probate. —The proof of a will or testament, made by the execu¬ 
tor beiore a competent officer or tribunal; the copy of such will made 
out under seal. 

Probation Court. —A name commonly applied to the Juvenile 
court. By its action hundreds of dependent, delinquent, and incorri¬ 
gible children are taken off the streets each year. Many are taken 
from their parents and either placed in charge of relatives and friends, 
and sent to industrial or reform schools. The work of this court 
is philanthropic, and is supported at present by public-spirited citi¬ 
zens and various civic and social organizations. Men who have been 
instrumental in .starting this movement believe, that these courts 
should be supported by the State. The success of the court cannot be 
disputed. Under the old order of things, children were dragged into 
court with other prisoners, and treated in much the same manner. The 
judges of the county courts sit in rotation, and decide what shall be 
done with the hundreds of children yearly brought before the court. 
A judge should be elected solely for the purpose of presiding over this 
court. It is strange that this excellent court still lacks a permanent 
fund for its maintenance. It should certainly be'supported as an in¬ 
tegral part of our system of justice. This valuable provision for deal¬ 
ing with juvenile offenders began with the Illinois Juvenile Court Act 
in 1899, and twenty-four other States have since enacted laws for plac- 
ing juvenile offenders on probation. By this method many children 
are rescued from the paths of crime, and there is corresponding bene¬ 
fit to society. 

Procedure. —The steps taken in an action or other legal pro 
ceeding. 

Process. —The entire proceedings in a legal action from beginn¬ 
ing to end. The means taken for bringing the defendant into court to 
answer to the action; a general or generic term for judicial writs. 


3« 


GLOSSARY OF TERMS 


Prohibition. —The forbidding by law of the sale of alcoholic 
liquors as beverages. The “Maine Law of 1851” prohibits the sale and 
manufacture of intoxicating liquors except for medicinal and mechan¬ 
ical purposes. 

Proprietary. —Relating to a form of colonial -government, in 
which the Governor owned the land or held it under charter granted 
by the king. 

Prosecutor. —The person who institutes and carries on a crim¬ 
inal suit against another in the name of the government. 

Protection. —A policy of taxing foreign goods brought into this 
country, and the belief that American manufacturers are thereby pro¬ 
tected and the country rendered commercially independent of other 
nations. This theory briefly stated is, that, in order to promote home 
industry, the hnportation of certain articles, from certain countries 
where they can be produced cheaper than at home, should be prohib¬ 
ited or restricted by heavy duties. 

Pro tempore. —For the time or occasion. 

Proxy. —A person appointed to act or vote in place of another. 
Stockholders can vote by proxy at the election of directors. 

Pure Food Law. —After man)’ years of desultory consideration 
of the subject, Congress has passed a pure-food bill by a decisive vote. 
The bill makes it a misdemeanor to manufacture or sell adulterated or 
mis-branded foods, drugs, medicines, or liquors in the District of Col¬ 
umbia, the Territories, and the insular possessions of the United 
States, and prohibits the shipment of such goods from one State to an¬ 
other, or to a foreign country. It also prohibits the receipt of such 
goods. Punishment by fine of five hundred dollars or by imprison¬ 
ment for one year or both is prescribed. In the case of corporations, 
officials in charge are made responsible. 

Qualifications. —The qualities necessary to entitle one to vote 
or to hold office. 

Quarantine. —Any forced stoppage of travel or communication 
on account of malignant contagious disease, on land as well as by sea. 

Quarter Sessions. —A court which exercises jurisdiction in 
cases of petty crimes, such as theft, assault and battery, etc. 


GLOSSARY OF TERMS 


39 


Quorum. —The number of persons in any organized body necess¬ 
ary to do buisness. Unless some other number is required by law, a 
majority of the number of members constitutes a quorum. 

Quo warranto. —A writ asking by what warrant a person or cor¬ 
poration acts or exercises certain powers; an information of the same 
nature. 

Quibbles and Technicalities. —Anything peculiar to law or 
science, by means of which the truth may be evaded through artifice 
or some subtlety of argument. In the decision of appealed cases at 
law, there should be more equity and less dependence upon legal tech¬ 
nicalities. Examples of injustice wrought by the judicial practice of 
letting mere technical errors outweigh the merits of a case are pain¬ 
fully frequent; so frequent, in fact, as to have become a reproach to 
our judicial system. It has been made altogether too easy for an ap¬ 
pellant, who can command the services of expert legal quibblers as his 
counsel, to upset the honest action of judge and jury in the lower 
courts. In the hurry of business before these tribunals, errors are apt 
to be made. They may not be vital. They may be trifling verbal 
slips or lapses in the matter of formalities, which do not in any way 
effect the main offense. But when an appeal is taken, they count just 
as much as more important matters, and shrewd lawyers find them, 
under the present system, a most serviceable instrument. The abuse 
thus fostered is intolerable, and the public well-being requires that it 
should be effectively corrected, so as to insure that a verdict honestly 
found shall stand, and that it shall no longer be one of the functions 
of the legal tribunals to supply loopholes for the escape of the offend¬ 
ers. The demand for a decided reform in this matter of appeals can 
count upon the indorsement of every good citizen. • 

Ratification. —To make valid; to confirm; to establish or approve. 
To ratify a treaty or a constitution is to give consent thereto in the 
prescribed manner. 

Real Estate.—Property consisting of lands and everything per¬ 
taining to it of a permanent, immovable nature; property in houses 
and land. 

Rebate. —A reduction or decrease made in the regular charges 
for transportation or other service, usually for the purpose of favoring 
some individual or corporation at the expense of others. 


40 


GLOSSARY OF TERMS 


Rebellion. —An organized uprising of the people for the over¬ 
throw of the government by force. A revolution is a successful 
rebellion. 

Ratio of Representation. —The fixed number by which the 
population of a State is divided in determining the number of repre¬ 
sentatives to which a given State is entitled in an apportionment of 
Representatives in Congress. A number found in. general by dividing 
the aggregate population of all the States by the whole number of re¬ 
presentatives agreed upon. In order to prevent the House of Repre¬ 
sentatives from becoming unwieldy, it becomes necessary at each cen¬ 
sus to increase the ratio of representation. 

Reciprocity. —The granting of equality between the citizens of 
two countries with regard to commercial privileges to the extent pro¬ 
vided in a treaty concluded. 

Reconsider. —To take up for renewed consideration as a motion 
or vote which has been previously acted upon. A bill, vetoed by the 
President, must be reconsidered and passed by two-thirds vote of both 
houses of Congress if it is desired to-make it a law. 

Record. —The various legal papers used in a case, together with 
memoranda of the proceedings of the court. A court of record is one 
whose acts and judicial proceedings are written in books for a memor¬ 
ial. The records of one State are valid in another. 

Referendum. —The name given to a method of enacting laws by 
direct popular vote. Constitutional provisions are submitted to this 
process practically, as are also many questions which relate to local 
option in regard to the sale of liquor. 

Registration.—The enrollment of the names of the qualified 
voters in registry lists complied by the assessors. 

Representative. —One who directly represents the people in 
Congress, as a member of the House of Representatives. A member 
of the lower house of the State Legislature. 

Representative Money. —A name sometimes given to money 
paper as distinguished from paper money. A large part of the money 
now in circulation in the United States consists of gold and silver 
certificates stating that there has been deposited at the Treasury a 
certain quantity of gold or silver which the holder of the certificate 
may obtain by presenting the certificate at that place for redemption. 


GLOSSARY OF TERMS 


4i 


Such money has been invented to save the trouble of carrying and 
. handling real money. 

Reprieve. —To delay the punishment of a prisoner, or to sus¬ 
pend for a time the execution of sentence. This is often done to give 
the prisoner time for the production of important evidence found after 
his conviction and sentence. A name given to the order to postpone 
sentence. 

Republic. —A democracy adapted to the needs of a large nation 
by the introduction of the representative principle. A state in which 
the power resides in the whole body of the people, and is exercised by 
representatives elected by them. 

Required Studies. —In the common schools ot this State, or¬ 
thography, reading, writing, arithmetic, geography, English gram¬ 
mar, U. S. History, and physiology and hygeine are peremptorily 
required to be taught in every district. The law permits and enjoins 
provision for instruction in such other branches as the board of direc¬ 
tion may require. The introduction of other studies is optional with 
school boards, although the law concerning the qualifications of teach¬ 
ers names the other studies by implication. 

Requisition.—A residence or domicile is the place where a per¬ 
son intends to reside permanently. A person can have but one place 
of residence, and temporary absence does not change it. 

Rasidenfcs. —A broad term which includes not only the in¬ 
habitants of a country, but all sojourners therein, such as travelers, 
tourists, and others. 

Resignation. —The giving up of an offiece before the term of 
office has expired. 

Revenue.— The annual yield of taxes, excise, duties, etc., receiv¬ 
ed into the treasury of the nation, State, or municipality for public use. 

Revenues of the State. - The revenues of the State of Pennsy¬ 
lvania for the fiscal year, closing November 30, 1907, were $26,426,000. 
This does not inclube an item of $6or,ooo representing the proceeds of 
a sale of United States bonds. The payments for the year 1907 were 
f'25,581,466. The treasury balance at the close of the fiscal year was 
$12,885,710. 

Revolution. —A fundamental change in a government or a con- 


42 


GLOSSARY OF TERMS 


stitution; the overthrow of one government, and the substitution of 
another, by the governed; successful rebellion. 

Right. —That which one has a natural claim to exact; legal power 
or authority; that which justly belongs to a person; privilege or im¬ 
munity granted by authority. 

Rule. —That which is laid down as a guide for action; a govern¬ 
ing direction for a specific purpose; a special order by the judge of a 
court; an order regulating the practice of the courts, or an order 
made between parties to a suit; the administration of law or govern¬ 
ment. 

Right of Way. —This is the right to pass over the land of another 
to reach the highway or for other purposes. It may arise either by 
grant or prescription. Once acquired, the right remains unless sur¬ 
rendered. If roads are obstructed in any way, as by snow or floods, 
the right of passage over adjoining lands remains until the obstruc¬ 
tion is removed. 

Robbery.—The taking of property from another by force, or 
through fear of injury is called robbery. Piracy is robbery committed 
at sea 

Salary. —An annual or periodical payment for services. Salar¬ 
ies of officers in Pennsylvania cannot be changed during their term of 
office. 

Salvage. —A compensation given to persons for saving property 
that has been abandoned at sea. 

Schedule. —An appedix to a law or constitution, setting forth 
the manner of putting the same into effect. A catalogue, table, or list 
annexed to a larger document, as to a lease or to a will. 

School System of the United States.— The Federal Con¬ 
stitution makes no provision for the establishment and maintenance of 
a school system by the National government. The only function exer¬ 
cised by the Federal government in regard to education is an advisory 
and instructive one, aside from the assistance given certain agricultur¬ 
al colleges, and the Federal support of the education of children in 
Alaska. The Commissioner of Education has general charge of these 
matters. The duties of the office of education are to collect statistics 
and facts showing the condition and progress of education in the 
several States and territories and to set forth such information respect- 


GLOSSARY OF TERMS 


43 


ing organization, management, and methods as shall aid in securing 
the efficiency of school systems and in otherwise promoting the cause 
of education. , 

The education of Indians and Esquimaux children of Alaska, to¬ 
gether with the education of white children in that Territory is ex¬ 
clusively under the direction of the Commissioner of Education. Var- 
1 ons funds arising from the revenues of that district are set aside for the 
purposes of education. The Commissioner also directs the operations 
of the reindeer establishments, where the natives are instructed in the 
care and management of the herds. The introduction of Siberian rein¬ 
deer into Alaska was undertaken for the purpose of finding a substi¬ 
tute for the decreasing food supply of the natives. 

Seal.—An engraved or inscribed stamp used in making an im¬ 
pression on wax, wafer, or other soft substance, to be set to a docu¬ 
ment by way of authentication or security. An oval or oblong, con¬ 
taining the word seal or the letters L. S. placed opposite the name of 
the signer, has practically the same effect. The impression of the 
seal is often made directly upon the paper. 

Search Warrant. —A paper legally issued to a constable, auth¬ 
orizing a search of a house, or other place, for goods or persons. 

Secession. —The withdrawal of a State from the Union. The 
Union is not a confederacy of sovereign States that can secede at 
pleasure, but v a Nation of people bound together by ties which cannot 
be dissolved. 

Selections from Magna Charta. —No document in the his¬ 
tory of any nation is more important than the Great_Charter. The 
whole of the constitutional history of England is only one long com¬ 
mentary upon it. Wrung from an unwilling sovereign by the united 
action of nobles, clergy, and people, it embodies an admirable sum¬ 
mary of the fundamentals of English government so far as they had 
matured by the early years of the thirteenth century. It was not an 
instrument, like the Constitution of the United States, providing for 
the creation of a new government. It contains almost nothing that 
was not old when the charter was granted. But it gathers up within 
a single document all the important principles which had been recog¬ 
nized by the best of the English sovereigns, but which such kings as 
John had evaded in every way. King John was in no sense the auth- 


44 


GLOSSARY OF TERMS 


or of the charter. The preliminary demands of the barons were work¬ 
ed over and discussed, and finally put in the form of the charter. It 
is a mistake to think of John as “signing” the charter after the fashion 
of modern rulers. There is no evidence that he could write, and he 
agreed to the terms of the charter only by having his seal affixed to 
the document. There is no one original Magna Charta in existence. 
Duplicate copies of the document were made for distribution among 
the barons. Two of these are in the British Museum. Three import¬ 
ant clauses are given below:— 

36. “Nothing from henceforth shall be given or taken for a writ 
of inquisition of life or limb, but it shall be granted freely, and not 
denied.” 

This legal enactment had for its purpose the prevention of pro¬ 
longed imprisonment, without trial. A person accused of murder, for 
example, could not be set at liberty under bail, but he could apply for 
a writ de odio et atia —concerning hatred and malice—which directed 
the sheriff to make inquest by jury as to whether the accusation had 
been brought by reason of hatred and malice. If the jury decided 
that the accusation had been so brought, bail could be accepted until 
the time for regular trial. This process was very similar to the prin¬ 
ciple of habeas corpus . King John had been charging heavy fees for 
these “writs of inquisition of life and limb,” as they are called in the 
great charter; but henceforth they were to be issued freely. 

39. “No freeman shall be taken or imprisoned, or disseised, or 
outlawed, or banished, or in any way destroyed, nor will we pass upon 
him, nor will we send upon him, unless by the lawful judgment of 
his peers, or by the law of the land.” 

A person could not be dispossessed of his freehold rights,' nor could 
he be declared out of the protection of the law, save by the regular 
courts. It is not to be understood that this clause implies jury trial 
in the modern sense. Jury trial was increasingly common in the thir¬ 
teenth century, but it was not directly guaranteed in the Great Charter. 
This is, however, properly regarded as one of the most important parts 
of the charter. It undertakes to prevent arbitrary imprisonment and 
to protect private property by laying down a fundamental principle of 
government which King John was constantly violating. The principle 
involved marks very clearly the line of distinction between a limited 
and an absolute monarchy. 


GLOSSARY OF TERMS 


45 


40. “We will sell to no man, we will deny to no man, either 
justice or right.” 

It is herein asserted that justice in the courts should be open to 
all, and without any payment of money to get judgment hastened or 
delayed. Extortions of this kind did not cease at the time Magna 
Carta was granted, but they became much less exorbitant and arbitrary. 

63.It is also sworn, as well on our part as on the part of the 

barons, that all the things aforesaid shall be observed in good faith, 
and without evil duplicity. Given under our hand, in the presence of 
the witnesses above named, and many others, in the meadow called 
Runnymede, between Windsor and Staines, the 15th day of June, in 
„ the 17th year of our reign. [1215] [Seal] 

Securities. —An evidence of debt or of property, as a government, 
bond. This is a substitute for money, and shows that the holder is 
entitled to money from the government. 

Senator. —A member of the United States Senate; one who re¬ 
presents a State in Congress. A member of the State senate. 

Senatorial Courtesy. —A custom of the Senate through which 
an appointment made by the President is not confirmed unless approv¬ 
ed by one or both of the Senators from the State most intimately con¬ 
cerned in the appointment. Unless the Senator or Senators belong to 
the majority party in the Senate, this coercive action against the in¬ 
dependence of the Chief Executive is not taken. The effect of this 
so-called “courtesy” is to add to the possible improper motives of the 
President, the danger of the equally improper motives of the 
.Senate. The most notable aspect of Senatorial courtesy, however, is 
that which enables a small minority to prevent final action upon a 
measure by continuing the debate and refusing to accede to a compro¬ 
mise for the purpose of reaching a vote upon the subject. Under this 
personal prerogative, a Senator during the closing hours of a session, 
tpay engage continuously in speaking upon a question until the hour 
of adjournment arrives, thereby preventing a vote upon the measure 
to which he is opposed. The rule of cloture or closure, in use in the 
House of Representatives, a method by which debate is closed and a 
vote hastened, is open to the’objection that it has often been used to 
force the passage ot ill-digested laws, on which the Senate has exercis¬ 
ed the valuable function of amendment or disapproval. 

Sentence. —In common law, a term exclusively used to denote 





46 


GLOSSARY OF TERMS 


the judgement in criminal cases; condemnation pronounced by a judge. 

Session. —The actual assembly of a court, council, or legislature, 
for the transaction of buisness; the time or term during which such a 
body meets daily for buisness. Every Congress holds two regular 
sessions: a long session and a short session. 

Sine die. —“Without a day.” At the end of session, a legisla¬ 
ture adjourns sine die; that is, without naming a day for reassembling. 

Sinking Fund.—A fund composed of sums of money set apart 
and invested usually at stated intervals, for the redemption of the debt 
of a government or corporation. 

Slander. —The malicious utterance of falsehood for the purpose 
of injuring another. 

Slate. —To register for a political appointment, A list of those 
persons whom a committe desires to nominate at a convention. Ow¬ 
ing to the indifference of the voters, such “slates” are frequently 
accepted. 

Socialism.—A form of political society in which the duties of 
government are made to include the ownership and operation of all 
land, machinery, and other instruments of production. Communism 
is a still more radical scheme, and abolishes all private property. An¬ 
archism is the denial of the need of any government whatever; a 
political madness that is the deification of disorder. In its best 
sense, socialism is a system of reform making a complete recon¬ 
struction of society, with more just and equitable distribution of pro¬ 
perty and labor. It would involve an enormous increase in the func¬ 
tions of government. The goverment would own and control all rail¬ 
roads, canals, steamboats, telegraph and telephone lines, mines, forests, 
and farming lands, shops, factories, and mills. Individual enterprise, 
however would disappear. 

Society. —A group of individuals united for mutual industrial 
and social interests. The persons, collectively considered, who live 
in any region or at any period; the association of fellow-beings. 

Social Morality. —The right of the State to teach morals in the 
public schools, wholly or partly on the basis of Biblical ethics, is at 
bottom the right of self-preservation, because moral nations are those 
^hat live. Each State ought by statue to define its own right to in- 


GLOSSARY OF TERMS 


47 


struct its public-school children in the fundamentals of social morality. 
This plan would not be vulnerable to any charge of infringing relig¬ 
ious liberty, because it would stop short of touching religion—it would 
be limited strictly to the State’s own undeniable self-interest. One 
great sentence in the famous Ordinance of 1787 would alone be almost 
sufficient legal authority for it: “Religion, morality, and knowledge 
being necessary for good government, schools and the means of educ¬ 
ation shall be forever maintained.” Without doubt the place for the 
State to set forth its moral requirments so as to impress most deeply 
the masses of its people is in the common school-room. It is not only 
the right, but the positive duty of the State to inculate the social mor¬ 
ality which covers justice and truth between man and man in the life 
here present and visible. 

Sole. ^Exclusive; only; being or acting without another. 

Sovereign Government. —One which exercises within itself 
supreme power independent of and uncontrolled by any other govern¬ 
ment. One that is entitled to and possesses original authority and 
jurisdiction. 

Speaker. —The chairman or regular presiding officer of the House 
of Representatives. The regular presiding officer in the lower house 
of a State legislature. 

Specie. —Coin; hard money. 

Stamps. —An indirect tax is levied when the government requir¬ 
es the affixing of stamps to letters, packages, and other forms of mail- 
able matter, and to various instruments and forms of buisness in order 
to give them legal force. This tax is an economical and equitable 
mode of distributing the public burdens, for it touches the wealth of 
the country in transition, and at points where it needs government 
protection to insure security. 

State. —The body politic; the nation; the whole body of people 
who are united under one government. One of the commonwealths 
which make up the Union. The term State is used in a technical sense 
in distinction from the government of the United States. Every State 
has the following political features:—A republican form of govern¬ 
ment; a written constitution; the three great departments of govern¬ 
ment; a legislature consisting of two houses; an executive called the 


48 


GLOSSARY OF TERMS 


governor and elected by the people; must conform to the United 
States Constitution; may remove high officials by the process of im¬ 
peachment; supports a system of public schools; provides for the 
amendment of its State constitution; provides for local self-govern¬ 
ment; and recognizes the common law of England (Louisiana excepted). 

Specific Purpose. —The rule that all appropriations must be 
made by law for a specific purpose dates from the practice in the 
English Parliament since the beginning of the reign of William and 
Mary. 

State Sovereignty. —An idea held by those that insist upon a 
narrow interpretation of the Constitution, and who favor great powers 
for the States rather than for the Federal government; States’ Rights 
as^distinguished from the rights of the Federal government. States 
are allowed to enter the Union with constitutions of their own making; 
but these must confirm to the condition set forth in the Constitution 
of the United States, and also be submitted to Congress and accepted. 

Statute. —An act of Congress or of a State legislature, declaring, 
commanding, or prohibiting something; a positive law; distinguished 
from common law, and from constitutional law. 

Straight Ticket. —One containing the regular nominations of a 
party, without change. A split ticket is one containing the names of 
candidates selected from two or more parties. 

Strikes. —Quitting work,— as of a body of workmen, in order to 
secure higher wages and the like. 

Subpoena. —“Under a penalty.” A process commanding a 
witness to appear and give testimony. Not to appear is contempt of 
court. 

Subsidiary Coins: Minor Coins.— The fifty-cent, the "twenty - 
five-cent, and the ten-cent pieces are subsidiary coins. These are leg¬ 
al tender to the amount of ten dollars. The cent—bronze—and five- 
cent piece —nickel—are minor coins, and are legal tender to the ex¬ 
tent of twenty-five cents. 

Suffrage.—A privilege granted to citizens; not, therefore, a nat¬ 
ural or inherent right. The good of the state is the object of the 
granting of the privilege. The right to vote; the breadth of the suff- 


GLOSSARY OF TERMS 


49 


rage being based on the idea that if a man has the right to vote, he 
will think upon public affairs. 

Suit at Law. —Legal application to a court for justice; any legal 
proceeding before a court for the enforcement of a claim; a law-suit. 

Summons. —A written notice, signed by the proper officer, warn¬ 
ing a person as defendant to appear in court at a day specified, to 
answer to the plaintiff, or the like. 

Sumptuary Laws. —Laws which regulate the prices of goods 
and the wages of labor; also laws regulating the cost of apparel, ex¬ 
penditures for food, and the use of certain articles. Such laws are not 
found in this country. 

Surety. —One who agrees to answer for another’s appearance in 
court, or for his payment of a debt; a bondsman. 

Suspension of Rules. —A method whereby, by a two-thirds 
vote, a bill may be taken up and passed out of its regular order. 

Suspension of Habeas Corpus. —In the summer of 1862, the 
opponents of the war took ever}' advantage of the military disasters 
that came to the Federal arms, to discourage enlistments, to denounce 
the course of the government, to demand the cessation of hostilities, 
and to thwart in many ways the success of the Union cause. The 
difficulties in the way of conviction for treason were so many that 
President Lincoln issued an order suspending the writ of habeas corpus. 
This was a sign of the desperate straits into which the government 
was driven at that time. 

Tariff. —A system of duties imposed b}’ the government upon im¬ 
ported goods; a schedule of the rates of the various articles. A 
protective tariff is one which guards the producer from foreign compe¬ 
tition in the home market by such rates of duties as will restrict or 
prevent importation. A revenue tariff is one which makes the duties 
so low that they furnish merely enough revenue to support the gov¬ 
ernment, or, as it is sometimes stated, “a tariff for revenue only.” 

Tax. —A charge laid upon persons or property for the support of 
government. 

Taxation. —The act of imposing taxes. The power of levying 
taxes is, in a sense, the fundamental one upon which all the others 
depend; for no government can be stable and efficient without the 
power to raise money for its support. To devise and apply an equita- 


50 


GLOSSARY OF TERMS 


ble system'of taxation is one of the most difficult problems of legis¬ 
lation. It should be studied and considered with reference to its one 
object:—the raising of a revenue for the government of the State or 
Nation. 

Territory. —A part of the United States not yet admitted as a 
State, but having prescribed boundaries, and an organized govern¬ 
ment under a Governor and other officers appointed by the President 
and confirmed by the Senate. In a broad sense the entire domain 
the United States. 

The Admiral of the Navy. —After the destruction of the 
Spanish fleet in Manila Bay, May i, 1898, Commodore George Dewey 
was raised to the rank of Admiral, the grade being revived by Con¬ 
gress in order to honor him for his great victory. The rank ceases at 
his death or resignation. An Admiral of the navy ranks with a full 
General of the army, the latter a position which has not been in effect 
for many years. The next lower rank in the navy would be that of 
Vice-Admiral, corresponding to the rank of Lieutenant-General in the 
army. The office of Vice-Adtniral is not now in effect, but there are 
Lieutenant-Generals on the active and retired lists. (1908) 

The Succession to the Vice-Presidency.— The Senators 
choose one of their number President^? tempore , and he presides during 
the absence of the Vice-President, or when that officer has become 
President of the United States through succession to that office. The 
Senator so chosen then receives the emoluments of the office of Vice- 
President, but neither the title nor any other functions than those of 
the President of the Senate. 

Titles.—Every member of Congress is addressed as “Honorable”, 
and if the address is written, the house to which the member belongs 
is indicated by the letters M. C. or U. S. S. placed after the name of 
the Representative or Senator respectively. 

Tonnage Duties.—Taxes levied upon the carrying capacity of 
a vessel. 

Trade Mark. —A device adopted by manufacturers or dealers to 
mark the goods they make or sell, in order to prevent others from 
the doing same. The exclusive right of using the peculiar distinguish¬ 
ing mark is recognized by law. 

Treason. —Treason against the United States consists in making 
war against them or siding with their enemies, rendering them aid 


GLOSSARY OF TERMS 


5i 


and comfort. No person can be convicted of this crime except on the 
testimony of two witnesses to the same offence, or on his own con¬ 
fession of guilt in open court. 

Treaty. —An agreement or contract between two or more nations, 
for the purpose of regulating trade, co-operating effectively, fixing 
boundaries, or restoring and preserving peace. 

Trespass. —Entering upon another’s premises without permis¬ 
sion is trespass. The owner of lands boundedjby a highway owns to 
the center of the road, and has the right to use it in any way that 
does not hinder the care and use of it by the public. The same is true 
of streams not navigable, if they form boundary lines. 

Trial by Jury. —The right of trial by an impartial jury is the 
great guarantee of a just decision as to the facts in a case; for centuries 
one of llie most jealously guarded rights of the people. 

Tribunal. —A court of justice; literally the bench or seat on which 
a judge and his associates sit when administering justice. 

True Bill. —The words “A true bill” are endorsed upon an in¬ 
dictment in case the grand jury finds enough evidence to warrant 
bringing the accused person to trial. 

Trusts. —Enormous corporations which are able to control abso¬ 
lutely the production of certain commodities, and thus remove them 
from the healthy influence of competition. As a result, they are able 
to charge excessive prices for the goods produced. In this way a 
matter of private concern has become one of great public interest 
which the government alone can regulate. 

Unconstitutional. —Not in accordance with the Constitution or 
fundamental law of the land. Used also in the same sense concerning 
the constitution of a State. 

Uniform. —To be the same or alike. Naturalization, duties, 
imposts, and excises shall be uniform throughout the United States. 

Union. —A term used to designate the Republic,—the Nation as 
formed by a union of all the States. The continuance of the Union is 
essential to the growth and prosperity of the Republic. 

United States Shipping- and Commerce. —During the year 
1907 the imports amounted to 11,434,421,425, while the exports of 
domestic merchandise amounted to $1,853,718,034. The merchant 


52 


GLOSSARY OF TERMS 


shipping of the United States comprised 24 )11 vessels, of 6,938,794 
gross tons. In volume the merchant shipping under the American 
flag is surpassed only by that of Great Britain. 

Usury.—The taking of more than lawful interest. 

Vacancy.—A place or position unfilled; an unoccupied office. 

Valid.—Having legal strength or force; incapable of being right¬ 
fully set aside. 

Value.—The purchasing power of an object. That quality in an 
object which gives it power to command other objects in exchange. 

Venue.—The place where an action at law is begun. The twelve 
men who are to try the case must be of the same venue where the 
demand is made. 

Verdict.—The decision of a jury on the matter legally submitted 
to them. From the Latin verum dictum, a true saying. 

Veto.—Literally, “I forbid.” The power of the chief executive 
to prevent the enactment of measures passed by the legislative body; 
the exercise of such power. The veto prevents a Hill from becoming a 
law on its first passage. 

Viva voce. —By word of mouth; orally. Viva voce voting is a 
method opposed to balloting, and is employed in legislative bodies, 
the presiding officer deciding the vote by sound. 

Voter.—One who has a legal right to express his choice at an 
election; an elector. 

Voting 1 Machine. —An invention which registers automatically 
each vote as cast, prevents the depositing of more than one ballot bv 
any one person, keeps tally of the number of votes cast, and to a 
great degree prevents fraud and delay in counting the votes at the 
c lose of the election. 

Voters in Washington City.— Residents of Washington, D. C. 
do not vote for officials, National or municipal. The territorial form 
of government was abolished June2o, 1874, and a board of three regents 
authorized. O11 June n, 1878, Congress created a permanent govern¬ 
ment by three.commissioners eo be named by the President and con¬ 
firmed by the Senate as are other Federal officers. Each house of 
Congress has a committee on the District of Columbia-, and they ap¬ 
propriate money and make laws subject to veto, as do the councils of 


GLOSSARY OF TERMS 


53 


cities. The three commissioners are like department heads in a city. 
The ballot was extinguished because the refugee negroes then, as they 
do now, constituted one-tliird of the population and in their igno¬ 
rance, combined with grafting white politicians, they controlled the 
mayoralty of the old. city. Much agitation lias progressed for the 
restoration of the old voting privilege. The Federal government pays 
half of all taxes, which is not fqr wrong, considering the immense 
realty and public buildings owned. But both parties have primaries 
at which National delegates, are named. The President appoints a 
register of deeds and other- district officials; also, the members of a 
district court, one judicial..officer being virtually a police ‘magistrate, 
although a United, States judge- - 

Wages.— The pricepaid for labor. It varied with the intelligence 
and skill required in the work performed, the d^tnand for the pro¬ 
ducts, and the amount of competition. 

'• 

Waiver.-— The act of giving up some right or privilege which 
one might exercise: as, a’person arrested hiay waive a hearing. 

. i . j «. r. ! i: fi tl JT.. ! 

Warrant. —A process issued, by a magistrate directing an officer 
to make an arrest, a-seizure, or .a search,,or to do other acts in the 
administration of justice.. 

Wealth. —The collective name of all useful things which can be 
owned and exchanged. Capital is that part of wealth which is em¬ 
ployed in production. (( 

WTiat are the Advantages of the Direct Vote. —The great 
political writer De Tocqueville was correct in his observation that 
“Tlie'cure for the evils of democracy is more democracy.” Direct 
legislation in the forth shown in the Swiss political trinity—initiative, 
referendum, and proportiorial represeiitation—is not only good for 
Switzerland, but would be even belter for the great Republic in North 
America. Opponents of direct legislation claim that, while it' might 
destroy the sinister influence of‘COtVupt lobbies and political bosses, 
it would still be ineffective 1 because the people could not and would 
not vote as discriminatingly as the legislators, and very few voters 
would take the trouble to investigate the ‘merits' of' the questions 
involved. The, result would be That they Would not take the trouble 
to vote at all on the issues,-or they would Vote without discrimination. 
On the other hand, the friends of the initiative and referendum are able 



54 


GLOSSARY OF TERMS 


to state that wherever practical and workable measures have been 
enacted, the good and practical results following have exceeded the 
most sanguine expectations of the supporters of popular and dem¬ 
ocratic government. It is undoubtedly true that the evils apparent in 
our government are due to a defeat of democratic conditions, to the 
rise of a despotic and unrepublican government in which oppression 
and despotism appear under the guise of corporate or privileged 
wealth operating through political bosses and money-controlled ma¬ 
chines. If, however, the people w r ere given the chance to right these 
wrongs by the means of direct legislation, they would take an intelli¬ 
gent interest in the affairs of government and would see to it that cor¬ 
ruption in public rule and plunder of the people should cease. Con¬ 
servative naturally, they might move slowly, but the heart of the 
people is morally sound; and if the ignorant, who do not understand 
the need or nature^of such measures, refuse to vote, then they disfran¬ 
chise themselves for the good of the government. The initiative and 
referendum become the practicable and workable means of popular 
government. It is claimed by the friends of popular rule that, if the 
voters are once given the tools of popular government, they will in¬ 
stantly take their old-time enthusiastic interest in the government; and 
that city, State, and Nation will again become veritable schools for 
the study and practice of the principles of political economy. 

When are you twenty-one? —Sharwood says, “A person is of 
full age the day before the twenty-first anniversary of his birthday. 

Will. —The written instrument, legally executed, by which a 
man makes disposition of his property, to take effect after his death. 
A will to be valid must be made by a person of sound mind, and must 
be executed and published in due form of law. In certain cases, a 
man may make a valid will by w T ord of mouth. A person who dies 
without executing a valid will is said to die intestate. 

Writ. —An instrument in writing issued under seal by the proper 
authority x commanding the performance or non-performance of some 
act by the persons to whom it is directed. A writ of certiorari is one 
issued by a superior court to call up the records of an inferior court, 
or to remove a case to a higher court in order that the party complain¬ 
ing may have more sure and speedy justice, or may secure a thorough¬ 
ly impartial trial. 


GLOSSARY OF TERMS 


55 


A writ of election is one issued by the Governor to the sheriff, 
authorizing him to give notice to the voters of a certain district. 

A writ of error is one issued from a higher court to a lower court 
to examine the record of a case, in order that some alleged error in 
the proceedings or judgment of the court may be corrected. 

See also execution , injunction, mandamus, summons , and the like. 

Yeas and Nays.—A method of voting in which the clerk calls 
the roll, and records each man’s vote after the name; as “yea,” “nay,” 
•and in certain cases, “absent” or “not voting.” The entering of the 
yeas and nays upon the Journal “puts a man on the record,” and the 
public may know how the representatives voted on such questions. 

When a vetoed bill is put upon its passage, the Constitution 
expressly requires that the vote be taken by yeas and nays. The 
House of Representatives votes by ballot when it elects the President. 
The Senate rules recognize no vote except by yeas and nays. 

S 

-O- 

YOUR CIVIC CATECHISM. 

1. (a) What was the purpose of the framers of the Constitution 
in providing that the President should be chosen by Electors rather 
than by popular vote? ( b ) Has their purpose been realized in this 
matter? (c) Give reasons for your answers. 

2. (a) Who, according to the Constitution, are citizens of the 
United States? ( b ) What law, with reference to citizens of the United 
States, is each state forbidden by the Constitution to make? 

3. What has been the uniform method of adopting amendments 
to the National Constitution? 

4. Give reasons for and against educational qualifications for 
suffrage. 

5. Why are governments necessary? 

6. What is the object of having two branches of the. State 
Legislature? 

7. (a) State the general duties of the attorney-general of this 
.State; ( b ) his term of office? 

8. Give the general duties of inspectors of election? 

9. (a) Name the various forms of government known to history- 
(b) State which of these are now in existence. 




56 


GLOSSARY OF TERMS 


10. Define the following terms used in the Constitution? Electors 
oath; affirmation; judgment. 

11. What are the conditions of eligibility to the United States 

Senate? The House of Representatives? By whom are our Senators 
chosen? ' 

12. What is meant, in speaking of courts, by original arid, appellate 
jurisdiction? 

13. What does the Constitution slay about naturalization? What 
are the laws on the subject? 

14. What amendments to the Federal Constitution grew out of 
the issues of the Civil War? State the substance of each of these 
amendments, 

' 

13, i Define ( a ) treason; ( b) letters of marque and reprisal; (c) 
the writ of habeas corpus. 

16. How may a bill become a law? How may a State be admit¬ 
ted into the Union ? 

17. What is a State? 

18. By what authority is the State divided into Congressional 
districts? 

19. Name three qualifications that a voter at our State elections 
must have. 

20. If an elector own land in several States, can life votd in them 
all? What facts determine his legal residence? 

21. Can a State make a treaty with another State or 1 natidfi? 

Give reasons for your answer. - r 

22. (a) What is an extradition treaty?, ( b ) What is; an ex post 

facto law? * -I v f ' • 

23. What is the right of suffrage? Is it a natural or civil right? 

24. Name the three departments of the, .government, and state 
briefly the duties of each. 

25. It is proposed to elect United States Senators by; a direct 
vote of the people. How must the requisite Constitutional change be 
made? 

26. What are consuls? What are their duties? 

27. Tell when, where, and by whom the following States were 
first settled: Pennsylvania, New York, Maryland, Virginia. 



GLOSSARY OF TERMS 


57 


28. When and where did the first Continental Congress meet ? 
State at least one thing that they did. 

29. Why were the Articles of Confederation displaced by the 
present Constitution ? 

30. Explain definitely what is meant by the "Monroe Doctrine." 

31. What was the cause of the war between the United States 
and Spain ? What was gained in this war by the United States ? 

32. What was the great issue of the last presidental campaign ? 
What it likely to be the issue of the next campaign ? 

33. Name one important law passed by the last Legislature of 
Pennsylvania affected the public school system. 

34. How many United States District Courts are there in this 
State ? In which circuit of the Federal courts is this State located ? 

35. What other officers besides the judges are connected with 
the United States courts ? What are their duties ? How are they 
chosen ? 

36. Who is the sheriff of this county? What are his duties? 
How was he chosen ? What is his term of service ? 

37. A certain town wishes to construct a sewer system, but has no 
money for that purpose. In what two ways may it legally proceed to 
obtain the required funds ? Which would be the better plan ? 

38. Do you think that the government of the people of the 
United States would be a more perfect government if there were only 
one political party in the country? If not, for what reason ? 

39. Should the President be elected by popular vote ? 

40. Has the government-of the United States the right to become 
the owner of the railroads and the telegraph lines of the country? 

41. Is rotation in office conducive to the most desirable results in 
a republican form of government ? 

42. Would Congress be justified at any time in appropriating the 
surplus in the National Treasury to the payment of the debts of the 
States ? 

*43. Would the union of the United States and Canada promote 
the welfare of the people of these two countries ? 


53 


GLOSSARY OF TERMS 


LIST OF PRESIDENTS 


No. 

PRESIDENT. 

STATE. 

BORN 

DIED. 

1 

George Washington 

Virginia . . 

1732 

1799 I 

2 

John Adams . . . 

Massachusetts 

1735 

1826 ; 

3 

Thomas Jefferson . 

Virginia . . 

1743 

1826 

4 

James Madison . . 

Virginia . . 

1751 

1836 

5 

James Monroe . . 

(Virginia . . 

1758 

1831 

6 

John Quincy Adams 

Massachusetts 

1767 

1848 

7 

Andrew Jackson 

1 Tennessee . 

1767 

1845 

8 

Martin VanBuren . 

New York . 

1782 

j 1862 

9 

William H, Harrison 

Ohio . . . 

i 1773 

1841 

10 

John Tyler . . . 

Virginia . . 

1790 

j 1862 

11 

James K. Polk . . 

Tennessee . 

1795 

1849 

12 

1 Zachary Taylor . . 

Louisiana 

1784 

1850 

13 

Millard Filmore . . 

New York . 

1800 

I 1874 

14 

Franklin Pierce . . 

N. Hampshire 

1804 

1869 

15 

James Buchanan 

Pennsylvania 

1791 

i 1868 

16 

Abraham Lincoln . 

Illinois . . 

1809 

1865 

17 

Andrew Johnson . 

Tennessee . 

1808 

1875 

18 j 

Ulysses S. Grant . 

Illinois . . 

1822 

1885 

19 

Rutherford B. Hayes 

Ohio . . . 

1822 

1893 

20 

James A. Garfield . 

Ohio . . . 

1831 

1881 

21 

Chester A. Arthur . 

New York . 

1830 

1886 

22 

Grover Cleveland . 

New York . 

1837 

1908 

23 

Benjamin Harrison . 

Indiana . . 

1833 

1901 I 

24 

Grover Cleveland . 

New York . 

1837 

1908 | 

25 

William McKinley . 

Ohio . . . 

1843 

1901 

26 

Theodore Roosevelt | 

New York . 

1858 





f 































GLOSSARY OF TERMS 


59 


AND VICE-PRESIDENTS. 


TERM OF OFFICE. 


Two terms; 1789-1797 . . 
One term; 1797-1801 . . 

Two terms; 1801-1809 . . 
Two terms; 1809-1817 . . 

Two term; 1817-1825 . . 

One term; 1825-1829 . . . 
Two term; 1829-1837 . . 

One term; 1837-1841 . . . 

One month; 1 841 ... . 

3 years, 11 months; 1 841 -1845 
One term; 1845-1849 . . . 

1 year, 4 months; 1849-1850 

2 years, 8 months; 185O-1853 
One term; 1853-1857 . . . 
One term; 1857-1861 . . . 

One term, 6 weeks; 1861-1865 

3 years, \ 0 % months; 1865-69 
Two terms; 1869-1877 . 

One term; 1877-1881 . . 

Six months and 15 days . 

3 years, 5 mos., 15 da.; 1881-85 
One term; 1885-1889 . . 

One term; 1889-1893 . . 

One term; 1893-1897 . . 

l term, 6 mos., 10 da.; 1897-’Ol 
3 y., 5 m., 20 d.; 1 term; ’ 01-’09 


ELECTED BY 


Whole People 
Federlists 
Democratic- 
Republicans 
Democratic- 
Republicans 
Democrat ic- 
I Republicans 
(House of Rep. 

Democrats . 

[Democrats 
Whigs . 
Whigs . 
(Democrats 
Whigs 
Whigs . 
Democrats 
Democrats 

Republicans 

Republicans 

(Republicans 

[Republicans . 
Republicans . 
Republicans . 
Democrats . 
Republicans . 
Democrats . 

Republicans 

Republicans . 


VICE PRESIDENTS. 


John Adams. 
Thomas Jefferson. 
Aaron Burr 
George Clinton. 
George Clinton. 
jElbridge Gerry. 

Daniel D. Tompkins. 

(John C. Calhoun. 
(John C. Calhoun. 
(Martin VanBuren. 
(Richard M. Johnson. 
John Tyler. 

George M. Dallas 
Millard Filmore. 

William R. King. 

J. C. Breckenridge. 
Hannibal Hamlin. 
Andrew Johnson. 

Schuyler Colfax. 
Henry Wilson. 
William A. Wheeler. 
Chester A. Arthur. 

Thos. A. Hendricks. 
Levi P. Morton. 
Adlai E. Stevenson. 
Garret A. Hobart. 
Theodore Roosevelt. 
Chas. W. Fairbanks. 


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